Kearney & Trecker Corporation v. Giddings & Lewis, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
STEVENS, Circuit Judge.
There are 60 separate claims in plaintiff’s twice reissued Brainard patent.1 Plaintiff originally contended that 29 of the claims were infringed by defendant’s machines.2 After discovery, plaintiff *581dramatically changed its position. Its charges of infringement were limited to the contention that defendant’s vertical spindle machine (Model 15V) infringed claim 15 and that its horizontal spindle machine (Model 25H) infringed claims 19 and 20. Moreover, before the trial commenced, plaintiff advised its licensees, and presumably the trade generally, that it would not…
2Cases cited28 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945
- Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
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3Cited by70 opinions
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- J.P. Stevens & Co., Inc. v. Lex Tex Ltd., Inc.Court of Appeals for the Federal Circuit · 1984
- J.P. Stevens & Co. v. Lex Tex Ltd.Court of Appeals for the Federal Circuit · 1984
- Lektro-Vend Corp. v. Vendo Co.Court of Appeals for the Seventh Circuit · 1981
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