Legal Opinion · Dissent

In Re Peter M. Roberts

Court of Appeals for the Federal Circuit

Decided May 11, 1988No. Misc. 120Published

1DissentNewman, Circuit Judge

The Court of Appeals for the Seventh Circuit has ordered a new trial as the next step in the saga of Peter M. Roberts and Sears, Roebuck & Co., litigation that began in 1969 based on a patent that issued in 1965 and expired in 1982. In 1983 the Seventh Circuit vacated a jury verdict in Roberts’ favor, the Circuit applying procedural law and practice that diverge from that enunciated by the Federal Circuit. Roberts v. Sears, Roebuck & Co., 723 F.2d 1324, 221 USPQ 504 (7th Cir.1983) (en banc) (Roberts IV).1

The District Court for the Northern District of Illinois, to which the case was remanded,…

2Cases cited15 opinions

  1. Messenger v. AndersonSupreme Court of the United States · 1912
  2. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  3. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  4. Samuel Colaizzi and Samuel Indovina v. Daniel Walker, (Former) Governor of IllinoisCourt of Appeals for the Seventh Circuit · 1987
  5. Atari, Inc. v. Js & a Group, Inc.Court of Appeals for the Federal Circuit · 1984

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