ROSEN v. KAHLENBERG

No. 71-3529.

474 F.2d 858 (1973)

Sidney ROSEN, Plaintiff-Appellee, v. James F. KAHLENBERG, d/b/a Kahlenberg-Globe Equipment Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 20, 1973.


Attorney(s) appearing for the Case

Stefan M. Stein, Tampa, Fla., for defendant-appellant.

John C. Malloy, Miami, Fla., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.


AINSWORTH, Circuit Judge:

This is an appeal from a judgment in favor of Sidney Rosen against James F. Kahlenberg awarding damages for infringement of a patent covering a "Precision Pump."1 We reverse.

Prior to obtaining the patent in suit, Rosen invented a "Filling Machine" for high-speed filling of vials, ampoules, and small containers, for which United States Patent No. 2,807,213 was issued on September 24, 1957. To achieve more...

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