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ILLINOIS TOOL WORKS, INC. v. SOLO CUP COMPANY

No. 18960.

461 F.2d 265 (1972)

ILLINOIS TOOL WORKS, INC., Plaintiff-Appellant, v. SOLO CUP COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied March 24, 1972.

Certiorari Denied June 12, 1972.

Attorney(s) appearing for the Case

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

John F. Flannery, Francis A. Even, Fitch, Even, Tabin & Luedeka, Chicago, Ill., for defendant-appellee.

Before DUFFY and HASTINGS, Senior Circuit Judges, and SPRECHER, Circuit Judge.

Certiorari Denied June 12, 1972. See 92 S.Ct. 2441.

DUFFY, Senior Circuit Judge.

In this suit, plaintiff, Illinois Tool Works, Inc. (ITW), charges defendant, Solo Cup (Solo), with infringement of ITW's Edwards' Patents Nos. 3,139,213 ('213) and 3,091,360 ('360). Both patents at issue relate to the design and manufacture of nestable, expandable thin-wall plastic containers of unitary construction, whose usual use is in applications which require dependable...

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