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H. K. PORTER COMPANY v. GOODYEAR TIRE & RUBBER COMPANY

No. 19911.

437 F.2d 244 (1971)

H. K. PORTER COMPANY, Inc., Plaintiff-Appellee, v. The GOODYEAR TIRE & RUBBER COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

January 27, 1971.

Attorney(s) appearing for the Case

Paul L. Ahern, Chicago, Ill., for defendant-appellant; Timothy F. McMahon, Cleveland, Ohio, Richard Russell Wolfe, Chicago, Ill., on brief; Thompson, Hine & Flory, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., of counsel.

Lawrence F. Scinto, New York City, for plaintiff-appellee; Laurence E. Oliphant, Jr., Cleveland, Ohio, Charles B. Cannon, Paul E. O'Donnell, Jr., New York City, on brief; Squire, Sanders & Dempsey, Cleveland, Ohio, Ward, McElhannon, Brooks & Fitzpatrick, New York City, of counsel.

Before PHILLIPS, Chief Judge, and WEICK and McCREE, Circuit Judges.

McCREE, Circuit Judge.

The Goodyear Tire and Rubber Company appeals from a judgment declaring valid and infringed certain patents for the manufacture of "Flexible Hose," a product designed as a replacement for factory-installed original equipment automobile radiator hose.

On August 21, 1962, United States Patent No. 3,050,087 was granted to David M. Caplan as inventor of "Flexible Hose," and three years later, on July 13, 1965, Patent No. 3,194,705 was granted...

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