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ELLIPSE CORPORATION v. FORD MOTOR COMPANY

Nos. 18427, 18428.

452 F.2d 163 (1971)

ELLIPSE CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied December 13, 1971.

Attorney(s) appearing for the Case

Norman Lettvin, Chicago, Ill., for Ellipse Corp.; George H. Gerstman, Chicago, Ill., of counsel.

Carlton Hill, Chicago, Ill., amicus curiae.

J. Arthur Gross, James Van Santen, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., Lloyd M. Forster, Farley, Forster & Farley, Detroit, Mich., for TRW Inc.; Eugene E. Ford, Joseph T. Gorman, Kenneth G. Preston, Jr., Law Department, TRW Inc., Cleveland, Ohio, of counsel.

George N. Hibben, Chicago, Ill., Arlie O. Boswell, Jr., Hibben, Noyes & Bicknell, Chicago, Ill., for Ford Motor Co.; Donald J. Harrington, Office of the General Counsel, Ford Motor Co., Dearborn, Mich., of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KILEY, Circuit Judge.

Ford Motor Company (Ford) has appealed from a district court judgment1 that claims 3 and 1 of Ellipse Corporation's (Ellipse) Rhine patent2 No. 2,628,568 were valid and had been infringed by Ford's accused power steering pumps. We affirm in part and reverse in part.

Ellipse is an Illinois corporation formed in 1945 to develop and promote...

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