MAYVIEW CORP. v. RODSTEIN

Nos. 77-3468, 77-3481.

620 F.2d 1347 (1980)

MAYVIEW CORP., an Illinois Corporation, Plaintiff-Appellant, v. Harvey B. RODSTEIN, an Individual and Rodac Pneumatic Tools, Inc., a California Corporation, and Rodac International Corporation, a California Corporation, Defendants-Appellees. Harvey B. RODSTEIN, an Individual, and Rodac Pneumatic Tools, Inc., a California Corporation, and Rodac International Corporation, a California Corporation, Counterplaintiffs-Appellants, v. MAYVIEW CORP., an Illinois Corporation, Leonard Shapiro, Irving Fisher, Tom Sato and Shig Nakagiri, Individuals, Astrosound, a corporation, Astrosound, a Division of Marquette Appliance Co., a corporation, Marquette Appliances Co., a corporation, Autoquip Distributors, Western Skills, General Merchandising Co., Counterdefendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 23, 1980.


Attorney(s) appearing for the Case

Charles H. Schwartz, Roston & Schwartz, Los Angeles, Cal., for plaintiff-appellant.

Albert M. Herzig, Herzig & Walsh, Beverly Hills, Cal., on brief; Joseph R. Evanns, Beverly Hills, Cal., for defendants-appellees.

Before CHOY, ANDERSON and HUG, Circuit Judges.


CHOY, Circuit Judge:

The district court held a utility patent and three design patents invalid for a variety of reasons, including anticipation, obviousness and perpetration of frauds upon the Patent Office and the court. The court also held that this case was an "exceptional" one justifying an award of attorney's fees of $90,850. We affirm in part, and vacate and remand in part.

I. Statement of the Case

Rodac Pneumatic Tools, Inc., and Rodac...

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