Legal Opinion

Illinois Tool Works, Inc. v. Foster Grant Co., Inc.

Court of Appeals for the Seventh Circuit

Decided December 30, 1976No. 74-1448PublishedCited by 27 opinions

1Opinion of the Court

FAIRCHILD, Chief Judge.

This patent infringement action was brought by Illinois Tool Works, Inc. (ITW) against Foster Grant Co., Inc. (Foster Grant). ITW, as assignee, charged Foster Grant with infringement of three patents.

The district court found that all three patents were valid and infringed by Foster Grant, but denied ITW’s request for treble damages and attorneys’ fees under 35 U.S.C. §§ 284 and 285. The court further held that recovery for infringement of the ’360 patent by Foster Grant’s early Wilson-Champion containers was barred by the applicable statute of limitations, 35 U.S.C. §…

2Cases cited15 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Deepsouth Packing Co. v. Laitram Corp.Supreme Court of the United States · 1972
  4. Knapp v. MorssSupreme Court of the United States · 1893
  5. Smith v. HallSupreme Court of the United States · 1937

10 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. In Re Eli Lilly & Co.(cephalexin Monohydrate)United States Judicial Panel on Multidistrict Litigation · 1978
  2. Magnavox Co. v. APF Electronics, Inc.District Court, N.D. Illinois · 1980
  3. Max Daetwyler Corp. v. Input Graphics, Inc.District Court, E.D. Pennsylvania · 1985
  4. Leesona Corporation v. Varta Batteries, Inc.District Court, S.D. New York · 1981
  5. Marshak v. SheppardDistrict Court, S.D. New York · 1987

22 more not listed; retrieve them via the Exa API.

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