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TRIO PROCESS CORP. v. L. GOLDSTEIN'S SONS, INC.

Nos. 75-1556, 75-1557.

533 F.2d 126 (1976)

TRIO PROCESS CORPORATION, Appellant in 75-1556, and Franklin Smelting & Refining Co., a partnership v. L. GOLDSTEIN'S SONS, INC. and Metal Bank, Inc. TRIO PROCESS CORPORATION and Franklin Smelting & Refining Co., a partnership v. L. GOLDSTEIN'S SONS, INC. and Metal Bank, Inc., Appellants in 75-1557.

United States Court of Appeals, Third Circuit.

Petition for Rehearing February 12, 1976.

Reargued March 24, 1976.

Decided April 23, 1976.

Attorney(s) appearing for the Case

Thomas M. Ferrill, Jr., Blue Bell, Pa., for appellant; Roger Norman Coe, Allen V. Hazeltine, Blue Bell, Pa., of counsel.

John M. Calimafde, Arthur M. Lieberman, Robert A. Schroeder, Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, for cross-appellants.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

Petition for Rehearing Before the Panel Granted February 12, 1976.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In May 1972, this Court determined that United States Patent No. 3,076,421, owned by Trio Process Corporation (Trio), is a valid patent, that it had been willfully infringed by L. Goldstein's Sons, Incorporated (Goldstein),1 and that the case should be remanded to the district court for a determination of damages...

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