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PANDUIT CORP. v. STAHLIN BROS. FIBRE WORKS

No. 75-2417.

575 F.2d 1152 (1978)

PANDUIT CORP., Plaintiff-Appellant, v. STAHLIN BROS. FIBRE WORKS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Roy E. Petherbridge, Petherbridge, Lindgren & Gilhooly, Chicago, Ill., Charles R. Wentzel, Tinley Park, Ill., for plaintiff-appellant.

A. James Valliere, Hill, Gross, Simpson, Van Santen, Steadman, Chiara & Simpson, Chicago, Ill., for defendant-appellee.

Before PHILLIPS, Chief Circuit Judge, CELEBREZZE, Circuit Judge, and MARKEY, Chief Judge of the Court of Customs and Patent Appeals.

MARKEY, Chief Judge.

Appeal from a judgment of the district court, Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., C.A. Nos. 4935 and G293-71 (W.D.Mich. Sept. 15, 1975), adopting, with an unpublished opinion, the report of the special master awarding plaintiff, as damages for patent infringement, a reasonable royalty of 2½%. We reverse and remand.

Litigation Background

In 1964 plaintiff Panduit...

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