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STEWART-WARNER CORP. v. CITY OF PONTIAC, MICHIGAN

Appeal No. 84-1026.

767 F.2d 1563 (1985)

STEWART-WARNER CORPORATION, Plaintiff-Appellant, v. CITY OF PONTIAC, MICHIGAN and American Sign & Indicator Corp., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 18, 1985.

Attorney(s) appearing for the Case

Melvin M. Goldenberg, McDougall, Hersh & Scott, Chicago, Ill., argued for plaintiff-appellant. With him on the brief was Thomas E. Elliott, Jr.

Augustus G. Douvas, Chicago, Ill., of counsel.

William L. Anthony, Jr., Townsend & Townsend, San Francisco, Cal., argued for defendants-appellees. With him on the brief was William J. Coughlin, Harness, Dickey & Pierce, Birmingham, Michigan.

Richard J. St. John, Wells, St. John & Roberts, Spokane, Wash., of counsel.

Before MILLER, Senior Circuit Judge, SMITH, and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Appeal from final judgment of the United States District Court for the Eastern District of Michigan, holding that claims 1-4 of U.S. Patent No. 3,941,926 (the '926 patent), invented by Gregory Slobodzian, Stanley Zielinski, and Robert Payne, and assigned to Stewart-Warner Corporation, are invalid under 35 U.S.C. § 103 and are not infringed. We affirm the holding of noninfringement and reverse the holding of invalidity.

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