Tapco Products Company v. Van Mark Products Corporation and Eugene Van Cleave

ORDER.

In the previous appeal of this case, we held:

“Infringement was not made an issue in the District Court nor here.

“In our opinion, Claim 7 of the Marsh patent is valid and was infringed by the defendants. The judgment of the District Court is reversed and the cause is remanded for further proceedings consistent with this opinion.” Tapco Products Co. v. VanMark Products Corp., 446 F.2d 426 (6th Cir. 1971), cert. den. 404 U.S. 986, 92 S.Ct. 451, 30 L.Ed.2d 370 (1971).

The fact of the matter is that the accused brakes were copied from the Marsh patent and were substantially identical with it.

T…