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KEARNEY & TRECKER CORP. v. GIDDINGS & LEWIS, INC.

No. 18354.

452 F.2d 579 (1971)

KEARNEY & TRECKER CORPORATION, Plaintiff-Appellee, v. GIDDINGS & LEWIS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied December 1, 1971.

Certiorari Denied April 17, 1972.

Attorney(s) appearing for the Case

Edward W. Osann, Jr., Chicago, Ill., Marvin E. Klitsner, Milwaukee, Wis., Homer J. Schneider, Chicago, Ill., for defendant-appellant; Wolfe, Hubbard, Leydig, Voit & Osann, Chicago, Ill., Foley & Lardner, Milwaukee, Wis., of counsel.

Edward A. Haight, Chicago, Ill., Thomas W. Ehrmann, Lester S. Clemons, Milwaukee, Wis., for plaintiff-appellee; Quarles, Herriott, Clemons, Teschner & Noelke, Milwaukee, Wis., Haight, Hofeldt & Davis, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, and PELL and STEVENS, Circuit Judges.

Certiorari Denied April 17, 1972. See 92 S.Ct. 1500.

STEVENS, Circuit Judge.

There are 60 separate claims in plaintiff's twice reissued Brainard patent.1 Plaintiff originally contended that 29 of the claims were infringed by defendant's machines.2 After discovery, plaintiff dramatically changed its position. Its charges of infringement were limited to the contention...

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