L. F. STRASSHEIM CO. v. GOLD MEDAL FOLDING FURNITURE CO.

No. 72-1010.

477 F.2d 818 (1973)

L. F. STRASSHEIM COMPANY, a Wisconsin corporation, d/b/a Bowling Green Chair Co., Plaintiff-Appellant, v. GOLD MEDAL FOLDING FURNITURE COMPANY, a Wisconsin corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 23, 1973.

As Amended on Denial of Rehearing May 18, 1973.


Attorney(s) appearing for the Case

Charles B. Cannon, Chicago, Ill., Donald C. Heide, Kenosha, Wis., Lawrence F. Scinto, New York City, for plaintiff-appellant.

James E. Nilles, Milwaukee, Wis., for defendant-appellee.

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


STEVENS, Circuit Judge.

The principal question is whether the district court properly found that newly discovered evidence, which plainly required an earlier judgment of patent validity to be set aside, was not sufficient to prove that the patentee had fraudulently concealed the invalidating prior public use of the invention. We accept the district court's credibility determinations but disagree with its appraisal of the legal consequences of the patentee's serious...

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