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INTERNATIONAL HARVESTER CO. v. DEERE & CO.

No. 79-2358.

623 F.2d 1207 (1980)

INTERNATIONAL HARVESTER COMPANY, Plaintiff-Appellee, v. DEERE & COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 1980.

Rehearing and Rehearing Denied September 10, 1980.

Attorney(s) appearing for the Case

R. L. Hollister, H. V. Harsha, Deere & Co., Virgil Bozeman, Moline, Ill., Robert H. Fraser, Los Angeles, Cal., Theodore R. Scott, Chicago, Ill., for defendant-appellant.

Howard W. Clement, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, SPRECHER and CUDAHY, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 10, 1980.

SPRECHER, Circuit Judge.

Plaintiff International Harvester Company (IH) filed suit in the court below seeking a declaratory judgment that its CX-41 corn head does not infringe patent 3,589,110 held by defendant Deere & Company (Deere). The district court granted summary judgment in favor of IH on this claim. Deere appeals from this judgment, urging reversal on two grounds. First, Deere contends...

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