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GROSS v. GENERAL MOTORS CORPORATION

No. 75-1064.

521 F.2d 45 (1975)

Thomas A. O. GROSS, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, First Circuit.

July 28, 1975.

Attorney(s) appearing for the Case

Roger P. Stokey, Boston, Mass., with whom Alix Smullin and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for plaintiff-appellant.

D. D. Allegretti, Chicago, Ill., with whom Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill., Warren E. Finken, John C. Evans, Detroit, Mich., Edgar H. Kent, and Fish & Richardson, Boston, Mass., were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Plaintiff-appellant Gross brought suit for patent infringement against General Motors, claiming that his patent, No. 3,047,040, issued on July 31, 1962, was infringed by a shock absorber—or a part thereof—marketed by GM under the name "Pleasurizer" and "Pliacell." GM denied infringement and counterclaimed, seeking a declaration of invalidity. GM prevailed below, the district court finding both non-infringement and invalidity.

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