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STIFFEL COMPANY v. SEARS, ROEBUCK AND CO.

Nos. 13724, 13725.

313 F.2d 115 (1963)

The STIFFEL COMPANY, Plaintiff-Appellant and Cross-Appellee, v. SEARS, ROEBUCK AND CO., Defendant-Appellee and Cross-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearings Denied March 4, 1963.

Attorney(s) appearing for the Case

Warren C. Horton, Max R. Kraus and Marshall W. Sutker, Chicago, Ill., for Stiffel Co.

Will Freeman, D. D. Allegretti, Frank H. Marks, Chicago, Ill., for Sears, Roebuck & Co.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is a patent infringement and unfair competition suit. Defendant answered that the patents in suit were invalid and that defendant was not guilty of unfair competition; and its counter-claim sought declaratory judgment accordingly. The District Court found the patents invalid, but found defendant guilty of unfair competition. From the judgment on these findings, each party has appealed.

The patents in suit are Stiffel Patent No. 2...

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