Appeal Nos. 88-1039, 88-1061.

853 F.2d 1568 (1988)

Howard A. FROMSON, Plaintiff-Appellant, v. WESTERN LITHO PLATE AND SUPPLY CO. and Bemis Company, Inc., Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

August 4, 1988.

Attorney(s) appearing for the Case

John E. Lynch, Felfe & Lynch, New York City, argued for plaintiff-appellant. With him on the brief was Alfred H. Hemingway, Jr.

John K. Roedel, Jr., Senniger, Powers, Leavitt & Roedel, St. Louis, Mo., argued for defendants/cross-appellants. With him on the brief was Edward J. Hejlek.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

MARKEY, Chief Judge.

Appeal and cross-appeal from a judgment of the United States District Court for the Eastern District of Missouri, Eastern Division, 5 USPQ2d 1328 (1987), that Western Litho Plate and Supply Co. (Western)1 infringed and failed to show invalid U.S. Patent No. 3,181,461 ('461 patent) of Howard A. Fromson (Fromson) and that Fromson was entitled to "royalties at 0.825%" on the infringing products, "subject to prejudgment...

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