ARVIN INDUSTRIES, INC. v. BERNS AIR KING CORP.

No. 75-1881.

525 F.2d 182 (1975)

ARVIN INDUSTRIES, INC., Plaintiff-Appellee, v. BERNS AIR KING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

November 6, 1975.


Attorney(s) appearing for the Case

Norman Lettvin, Chicago, Ill., for defendant-appellant.

Jack W. Hanley, Jerry E. Hyland, Indianapolis, Ind., Clyde F. Willian, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, TONE, Circuit Judge, and GRANT, Senior District Judge.


TONE, Circuit Judge.

The issue in this action to recover royalties under a patent license is whether the patent covers the licensee's device. The District Court held that it does. We disagree.

Plaintiff and defendant are manufacturers of electric heaters. The patent in question, Patent No. 3,019,324, issued and assigned to plaintiff in 1962, covers the design and arrangement of the reflector and heating element portions...

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