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SEARS, ROEBUCK & CO. v. JONES

No. 6716.

308 F.2d 705 (1962)

SEARS, ROEBUCK & CO., a New York corporation; and Parker Manufacturing Company, a Massachusetts corporation, Appellants, v. Harold T. JONES and The Petersen Manufacturing Company, Inc., a Nebraska corporation, Appellees.

United States Court of Appeals Tenth Circuit.

September 12, 1962.

Attorney(s) appearing for the Case

Philip H. Sheridan, Denver, Colo., and Cedric W. Porter, Boston, Mass., for appellants.

Jerome R. Strickland, Edwin L. Spangler, Jr., Denver, Colo., Herbert J. Jacobi and Samuel L. Davidson, Washington, D. C., for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment holding appellees' patent for "Locking Wrench and Pliers" valid and infringed and enjoining the future sale of appellants' accused device. Jones is the owner of the patent in suit, and Petersen Manufacturing Company, Inc. is his exclusive licensee. Sears, Roebuck & Co. markets the accused device, manufactured by Parker Manufacturing Company.

Appellants first assert noninfringement, then invalidity...

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