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TWM MFG. CO., INC. v. DURA CORP.

No. 77-1118.

592 F.2d 346 (1979)

TWM MANUFACTURING CO., INC. and Turner Quick Lift, Plaintiffs-Appellants, v. DURA CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1979.

Attorney(s) appearing for the Case

Geoffrey R. Myers, Hall & Myers, Potomac, Md., James M. Baysinger, Bodman, Longley, Bogle & Dahling, Detroit, Mich., for plaintiffs-appellants.

W. Robert Chandler, Cross, Wrock, Miller & Vieson, Detroit, Mich., James Van Santen, William J. Morris, Hill, Gross, Simpson, Van Santen, Steadman, Chiara & Simpson, Chicago, Ill., for defendant-appellee.

Before EDWARDS, Chief Judge, MERRITT, Circuit Judge, and LAWRENCE, District Judge.

MERRITT, Circuit Judge.

Plaintiff TWM, appeals from the entry of a summary judgment sustaining defenses based on the equitable doctrines of laches and estoppel in a patent infringement action. Plaintiff contends (1) that defendant Dura's infringement of the patent was deliberate and calculated, that the delay in bringing suit was in part caused by Dura, and that the balance of equities is sufficiently disputable to preclude...

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