H.K. PORTER CO., INC. v. BLACK & DECKER MFG. CO.

Nos. 74-1865-74-1867.

518 F.2d 1177 (1975)

H. K. PORTER COMPANY, INC., and Disston, Inc., Plaintiffs-Appellants, v. The BLACK & DECKER MANUFACTURING CO., Defendant-Appellee. H. K. PORTER, INC., and Disston, Inc., Plaintiffs-Appellants, Cross-Appellees, v. SUNBEAM CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1975.


Attorney(s) appearing for the Case

Don K. Harness, Birmingham, Mich., William A. Van Santen, William J. Stellman, Chicago, Ill., Leonard Bloom, Towson, Md., for Black & Decker.

John D. Nies, Arlington, Va., Victor P. Kayser, Chicago, Ill., for Porter Co.

Walther E. Wyss, George R. Clark, Chicago, Ill., for Sunbeam.

Before FAIRCHILD, Chief Judge, CUMMINGS and SPRECHER, Circuit Judges.


PER CURIAM.

In 1971, H. K. Porter, Inc. filed separate patent infringement actions against the Black & Decker Manufacturing Co. and Sunbeam Corporation, alleging that they had violated a mechanical patent and a design patent on a cordless electric grass shear.1 Both cases were consolidated for trial.

The two patents involved below are U. S. Design Patent No. DES 219,950, which issued on February 23, 1971, and U.S. Patent No...

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