ARBROOK, INC. v. AMERICAN HOSPITAL SUPPLY CORP.

No. 79-2652.

645 F.2d 273 (1981)

ARBROOK, INC. and John J. Nappi, Plaintiffs-Appellants, v. AMERICAN HOSPITAL SUPPLY CORPORATION, Defendant-Appellee, Tackmer Corporation, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1981.


Attorney(s) appearing for the Case

Charles S. Cotropia, Dallas, Tex., Don K. Harness, Birmingham, Mich., for plaintiffs-appellants.

Storey, Armstrong, Steger & Martin, John K. DeLay, Jr., Dallas, Tex., Dawson, Tilton, Fallon & Lungmus, John B. Lungmus, Chicago, Ill., Owen, Wickersham & Erickson, Robert E. Wickersham, San Francisco, Cal., Whann, Whann & Cleverger, Welton B. Whann, San Diego, Cal., for American Hospital Supply Corp. and Tackmer Corp.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.


WISDOM, Circuit Judge:

This is a patent infringement suit. We affirm the district court's conclusion that the patents sued on are invalid, but we reverse the award of attorney's fees to the defendants.

The subject of this suit is a device called a tacky mat stack. This is a type of doormat used at entrances to hospital surgical rooms and other rooms where the entrance must be clean. Because it is tacky (slightly sticky), the mat removes dirt and bacteria from...

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