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OWENS-ILLINOIS, INC. v. EMHART INDUSTRIES, INC.

No. 22, Docket 80-7240.

644 F.2d 98 (1981)

OWENS-ILLINOIS, INC., Plaintiff-Appellee, v. EMHART INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 12, 1981.

Rehearing Denied May 28, 1981.

Attorney(s) appearing for the Case

Arthur D. Gray, New York City (Hugh A. Chapin, Philip J. McCabe, Edwin Baranowski, New York City, on brief) (Kenyon & Kenyon, New York City, John D. Del Ponti, H. Samuel Kieser, Hartford, Conn., of counsel), for defendant-appellant.

Arthur Raisch, Detroit, Mich. (Basil C. Foussianes, Detroit, Mich., on brief) (Barnes, Kisselle, Raisch & Choate, Detroit, Mich., of counsel), for plaintiff-appellee.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and BLUMENFELD, District Judge.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Connecticut upholding the validity of a 1971 patent covering "Apparatus for Handling Mold Charges of Molten Glass."1 The judgment also held that defendant had infringed plaintiff's patent and that plaintiff was entitled to an accounting and an injunction against further infringement. We reverse.

Defendant's...

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