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ILLINOIS TOOL WORKS, INC. v. FOSTER GRANT CO.

No. 74-1448.

547 F.2d 1300 (1976)

ILLINOIS TOOL WORKS, INC., Plaintiff-Appellee, v. FOSTER GRANT CO., INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 2, 1976.

Rehearing and Rehearing Denied December 30, 1976.

Attorney(s) appearing for the Case

C. Frederick Leydig, Chicago, Ill., LeRoy G. Sinn, Leominster, Mass., for defendant-appellant.

Granger Cook, Jr., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and WYZANSKI, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 30, 1976.

FAIRCHILD, Chief Judge.

This patent infringement action was brought by Illinois Tool Works, Inc. (ITW) against Foster Grant Co., Inc. (Foster Grant). ITW, as assignee, charged Foster Grant with infringement of three patents.

The district court found that all three patents were valid and infringed by Foster Grant, but denied ITW's request for treble damages and attorneys' fees under 35 U.S.C...

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