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STATE INDUSTRIES, INC. v. A.O. SMITH CORP.

Appeal No. 84-590.

751 F.2d 1226 (1985)

STATE INDUSTRIES, INC., Appellee, v. A.O. SMITH CORPORATION, Appellant.

United States Court of Appeals, Federal Circuit.

January 3, 1985.

Attorney(s) appearing for the Case

Glenn O. Starke, Andrus, Sceales, Starke & Sawall, Milwaukee, Wis., argued, for appellant. With him on the brief was Gary A. Essmann, Milwaukee, Wis.

Paul R. Puerner, Michael, Best & Friedrick, Milwaukee, Wis., argued, for appellee. With him on the brief was Glenn A. Buse, Milwaukee, Wis.

Before RICH, BALDWIN and KASHIWA, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the October 5, 1983, Order of the United States District Court for the Middle District of Tennessee, Nashville Division, 221 USPQ 958 (1983). The court, sitting without a jury, held appellee's Lindahl patent No. 4,263,879 ('879), issued April 28, 1981, for "Water Heater," valid and willfully infringed. We affirm the holdings of validity and infringement, and reverse the holding that infringement was willful.

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