NUCLEAR-CHICAGO CORP. v. NUCLEAR DATA, INC.

No. 72-1241.

465 F.2d 428 (1972)

NUCLEAR-CHICAGO CORP. and Hal O. Anger, Plaintiffs-Appellees, v. NUCLEAR DATA, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 1972.

Rehearing Denied August 23, 1972.


Attorney(s) appearing for the Case

Keith Shay, Daniel C. McEachran, Edward A. Haight, Peter V. Fazio, Jr., Robert J. Vollen, Haight, Hofeldt & Davis, Parker, Markey & Plyer, Schiff, Hardin, Waite Dorschel & Britton, Chicago, Ill., for defendant-appellant.

Robert L. Rohrback, M. Hudson Rathburn, Stuart S. Ball, Howard J. Trienens, Daniel U. Smith, Chicago, Ill., Walter C. Ramm, Des Plaines, Ill., Mason, Kolehmainen, Rathburn & Wyss, Sidley & Austin, Chicago, Ill., for plaintiff-appellee Nuclear-Chicago Corporation.

Before SWYGERT, Chief Judge, and KILEY and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

May plaintiffs in a patent-infringement action prove the irreparable damages requisite to a preliminary injunction by demonstrating the existence of a finite market for their product or by positing potential competition from third parties? This question is presented by the district court's issuance of a preliminary injunction restraining defendant from infringing the Anger patent despite the court's finding that defendant "is a large, solvent...

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