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CECO CORP. v. BLISS & LAUGHLIN INDUSTRIES, INC.

No. 75-2552.

557 F.2d 687 (1977)

The CECO CORPORATION, Plaintiff-Appellee, v. BLISS & LAUGHLIN INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 18, 1977.

Attorney(s) appearing for the Case

William E. Lucas, argued, of McCaleb, Lucas & Brugman, Chicago, Ill., for defendant-appellant.

Clarence J. Fleming, argued, McDougall, Hersh & Scott, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, GOODWIN and KENNEDY, Circuit Judges.

OPINION

CUMMINGS, Circuit Judge.

Plaintiff filed this suit in March 1974 seeking a declaratory judgment that Cunningham Patent No. 3,527,320 held by defendant is invalid or, in the alternative, not infringed by plaintiff's scaffolding. After a trial, the district court held the patent invalid on the grounds of obviousness and prior public use. The court also held that plaintiff's scaffold does not infringe the Cunningham claims, even if valid.

Arthur...

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