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LINDEMANN MASCHINENFABRIK v. AMERICAN HOIST & DERRICK CO.

No. 89-1201.

895 F.2d 1403 (1990)

LINDEMANN MASCHINENFABRIK GmbH, Plaintiff-Appellant, v. AMERICAN HOIST & DERRICK COMPANY, HARRIS PRESS & SHEAR DIVISION and Commercial Metals Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 12, 1990.

Attorney(s) appearing for the Case

David Toren, Toren, McGeady & Associates, P.C., New York City, argued for plaintiff-appellant. With him on the brief were Samuel B. Mayer and Peter J. Toren, New York City.

William B. Farney, Arnold, White & Durkee, of Houston, Tex., argued for defendants-appellees. With him on the brief was Edward W. Goldstein, Houston, Tex.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and NIES, Circuit Judge.

MARKEY, Chief Judge.

Lindemann Maschinenfabrik GmbH (Lindemann) appeals from a judgment of the United States District Court for the Southern District of Texas, (via Magistrate Brown), No. H-80-2333 (November 18, 1988), awarding Lindemann damages of $10,000; refusing to find willful the infringement of American Hoist and Derrick Company, Harris Press and Shear Division, or Commercial Metals Company (collectively AmHoist); and denying Lindemann attorney fees under 35...

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