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LEE v. DAYTON-HUDSON CORP.

No. 87-1311.

838 F.2d 1186 (1988)

Robert W. LEE d/b/a Rollo-Laxer, Plaintiff-Appellant, v. DAYTON-HUDSON CORPORATION d/b/a Target Stores and Matrix International, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 3, 1988.

Attorney(s) appearing for the Case

Robert E. Pitts and R. Bradford Brittian, Pitts & Brittian, Knoxville, Tenn., for plaintiff-appellant.

Geoffrey D. Kressin, Norton & Luhn, Knoxville, Tenn., for defendants-appellees.

Before NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Robert W. Lee, doing business as Rollo-Laxer, appeals the judgment of the United States District Court for the Eastern District of Tennessee, Northern Division,1 holding that Mr. Lee's United States Design Patent No. 259,142 is not infringed by the accused devices. We affirm.

OPINION

The question of infringement is a factual one, to be proven by preponderant evidence and to be reviewed on...

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