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ILLINOIS TOOL WORKS, INC. v. SWEETHEART PLASTICS, INC.

No. 18215.

436 F.2d 1180 (1971)

ILLINOIS TOOL WORKS, INC., Plaintiff-Appellee, v. SWEETHEART PLASTICS, INC., Maryland Cup Corporation, and Sweetheart Cup Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied February 22, 1971.

Attorney(s) appearing for the Case

George L. Greenfield, Wolf, Greenfield & Hieken, Boston, Mass., Dugald S. McDougall, Chicago, Ill., for defendants-appellants.

James P. Hume, Granger Cook, Jr., Hume, Clement, Hume & Lee, Chicago, Ill., for plaintiff-appellee; Richard R. Trexler, Robert W. Beart, Michael Kovac, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, MAJOR, Senior Circuit Judge, and KERNER, Circuit Judge.

SWYGERT, Chief Judge.

This is a patent infringement action against Maryland Cup Corporation and its subsidiaries, Sweetheart Cup Corporation and Sweetheart Plastics, Inc., brought by Illinois Tool Works, Inc., the assignee of United States Patents Nos. 3,139,213 and 3,091,360. It has been consolidated with the defendants' declaratory judgment action filed prior to the commencement of the infringement action by plaintiff. The district court found the patents valid...

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