Legal Opinion

United States Gypsum Company, and v. National Gypsum Company, And

Court of Appeals for the Seventh Circuit

Decided March 18, 1968No. 15127_1PublishedCited by 11 opinions

1Opinion of the Court

FAIRCHILD, Circuit Judge.

United States Gypsum Company sued National Gypsum Company and Plaza Plastering Co. for infringement 1 of the Gill patent. 2 The district court found the patent valid but not infringed. All parties appealed.

We conclude that the district court misconstrued the patent, that the patent was infringed if valid, and that the cause should go back to the district court to consider and determine certain issues as to validity, after supplementary trial if deemed necessary.

The patent contains five claims, the first to a combination and the other four to methods, the parties and…

2Cases cited3 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
  3. William S. Cloud, and v. Standard Packaging Corporation, AndCourt of Appeals for the Seventh Circuit · 1967

3Cited by11 opinions

  1. Dahl, Inc. v. Roy Cooper Co., Inc.Court of Appeals for the Ninth Circuit · 1971
  2. Signode Corporation v. Weld-Loc Systems, Inc. And Strapex AgCourt of Appeals for the Seventh Circuit · 1983
  3. Laser Alignment, Inc., and Contractors Automated Devices, Inc. v. Woodruff & Sons, Inc., and Roy J. WoodruffCourt of Appeals for the Seventh Circuit · 1974
  4. University of Illinois Foundation v. Blonder-Tongue Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1970
  5. Besly-Welles Corporation v. Balax, Inc.District Court, E.D. Wisconsin · 1968

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