INDIAN HEAD IND. v. TED SMITH EQUIPMENT CO.

Nos. 92-CV-74367-DT, 92-CV-76689-DT.

859 F.Supp. 1095 (1994)

INDIAN HEAD INDUSTRIES, INC., Plaintiff, v. TED SMITH EQUIPMENT CO., INC. and T.S.E. Brakes, Inc., Defendants. T.S.E. BRAKES, INC., Plaintiff, v. INDIAN HEAD INDUSTRIES, INC., Defendant.

United States District Court, E.D. Michigan, Southern Division.

August 8, 1994.


Attorney(s) appearing for the Case

John W. Allen, William G. Asmakis, Jr., Raymond E. Scott, Theodore W. Olds, Howard & Howard, Bloomfield Hills, MI, for plaintiff.

Robert Berliner, Leonard D. Messinger, Robbins, Dalgarn, Berliner & Carson, Los Angeles, CA, Stephen T. Olson, Harness, Dickey & Pierce, Troy, MI, for defendants.


OPINION AND ORDER

FEIKENS, District Judge.

The question before me is whether certain patents owned by plaintiff, Indian Head Industries, Inc. ("Indian Head"), are invalid for obviousness under 35 U.S.C. § 103. I conclude that the patents are non-obvious as a matter of law.

I. Background

This suit concerns two patents for a tamper-resistant dual-diaphragm spring-brake actuator, U.S. Patent Nos. 5,067,391 ('391 Patent) and 5,205...

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