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DUNLOP COMPANY, LIMITED v. KELSEY-HAYES COMPANY

Nos. 72-1892, 72-1893.

484 F.2d 407 (1973)

The DUNLOP COMPANY, LIMITED, Plaintiff-Appellant and Cross-Appellee, v. KELSEY-HAYES COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1973.

Attorney(s) appearing for the Case

John A. Young, Fort Wayne, Ind., and Ellsworth H. Mosher, Arlington, Va., for plaintiff-appellant-cross-appellee; Joseph J. Marshall, Helm, Marshall, Schumann & Vanker, Detroit, Mich., on brief for The Dunlop Co., Limited; Stevens, Davis, Miller & Mosher, Arlington, Va., of counsel.

Don K. Harness, Detroit, Mich., for defendant-appellee-cross-appellant; Hugh G. Harness, Harness, Dickey & Pierce, Detroit, Mich., on brief for Kelsey-Hayes Co.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

LIVELY, Circuit Judge.

The subject matter of the two patents involved in this appeal is disc brakes. As originally filed, the complaint by Dunlop alleged that Kelsey-Hayes was infringing four Dunlop patents. Patent number 2,790,516 (hereafter '516) was issued to Dunlop by the United States Patent Office on April 30, 1957, application having been filed on January 22, 1951. In the application for this patent the invention was described as relating to disc brakes and...

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