ROBERTS v. SEARS, ROEBUCK & CO.

Nos. 82-1886, 82-1958.

697 F.2d 796 (1983)

Peter M. ROBERTS, Plaintiff-Appellee, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1983.

Rehearing Granted and Opinion Vacated March 14, 1983.


Attorney(s) appearing for the Case

James G. Hunter, Jr., Latham, Watkins, Hedlund, Hunter & Lynch, Chicago, Ill., for defendant-appellant.

Louis G. Davidson, John B. Davidson, Sidney Neuman, Chicago, Ill., for plaintiff-appellee.

Before ESCHBACH and POSNER, Circuit Judges, and GRANT, Senior District Judge.


POSNER, Circuit Judge.

Peter Roberts, the owner of a patent for a quick-release socket wrench, sued Sears Roebuck for patent infringement. The jury found the patent valid and infringed and awarded Roberts $5 million in damages (later raised to more than $8 million), and Sears has appealed, arguing among other things that the patent is invalid because "the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary...

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