Panduit Corporation v. Stahlin Bros. Fibre Works, Inc.

476 F.2d 1286, 178 U.S.P.Q. (BNA) 12, 1973 U.S. App. LEXIS 9823

• Court: Court of Appeals for the Sixth Circuit
• Decided: May 22, 1973
• Docket: 72-1479, 72-2032
• Status: Published

Opinion

PER CURIAM.

These appeals relate to the alleged infringement of a patent which the trial court had found to be valid and infringed in prior litigation between these par ties. That judgment was affirmed. 298 F.Supp. 435 (W.D.Mich., 1969), aff’d. 430 F.2d 221 (6th Cir. 1970), cert. denied 401 U.S. 939, 91 S.Ct. 932, 28 L.Ed. 2d 218 (1971).

The proceedings resulting in these appeals involved the appellee’s challenge to certain modifications of the appellant’s device made in an effort to avoid the claims of the patent previously found to be valid. The trial court concluded that there was infringement of the patent by the modified device and found the appellant in contempt of court. We conclude that the District Judge’s findings were free from error.

Appellant now claims that it was prevented from introducing evidence of pri- or art and further claims that the trial court did not consider the pertinent prior art. A careful examination of the transcript of the trial convinces us that these claims are completely without merit.

For the reasons herein stated and for the reasons stated in the opinion of District Judge Noel P. Fox, 338 F.Supp. 1240 (1972), the judgment of the District Court is affirmed.