COLE v. SEARS, ROEBUCK & COMPANY

Nos. 74-2235, 74-2236.

520 F.2d 673 (1975)

David F. COLE, Plaintiff-Appellant and Cross-Appellee, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

August 19, 1975.


Attorney(s) appearing for the Case

Charles B. Lyon, Donnelly, Maky, Renner & Otto, Cleveland, Ohio, for David Cole.

Warren Daane, Baker, Hostetler & Patterson, Cleveland, Ohio, George F. Lee, F. Vern Lahart, Johnson, Dienner, Emrich & Wagner, Chicago, Ill., for Sears.

Before PHILLIPS, Chief Judge, and EDWARDS and ENGEL, Circuit Judges.


EDWARDS, Circuit Judge.

This patent case involves two patents on a vertical meat broiler designed by plaintiff Cole. He claims that both patents have been infringed by an allegedly similar broiler designed and sold by Sears, Roebuck but not under patent or license.

Both the patented device and the accused device look very much like two different very familiar forms of household toasters enlarged to about twice the usual toaster size. And it seems to this court...

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