DOLE VALVE CO. v. PERFECTION BAR EQUIPMENT CO.

No. 71-1290.

458 F.2d 1200 (1972)

The DOLE VALVE COMPANY, Plaintiff-Appellant, v. PERFECTION BAR EQUIPMENT COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 24, 1972.


Attorney(s) appearing for the Case

Lewis T. Steadman, John D. Simpson, Robert A. Stenzel, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., for plaintiff-appellant.

William Marshall Lee, Richard G. Lione, Hume, Clement, Hume & Lee, Ltd., Chicago, Ill., for defendant-appellee.

Before DUFFY, Senior Circuit Judge, SPRECHER, Circuit Judge, and ESCHBACH, District Judge.


DUFFY, Senior Circuit Judge.

This is the second appeal taken by the plaintiff in this action. The issue now before us is an award of attorney fees by the District Court resulting from the earlier proceedings.

Our previous decision in this case held that Kromer Patent No. 3,162,323 in suit, owned by plaintiff (Dole), to be invalid for obviousness, but if valid, infringed by two of the three accused devices.1

Defendant (Perfection...

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