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MAXANT BUTTON & SUPPLY CO. v. SEARS ROEBUCK & CO.

No. 16293.

388 F.2d 912 (1968)

MAXANT BUTTON & SUPPLY CO., Plaintiff-Appellant, v. SEARS ROEBUCK & CO., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 16, 1968.

Attorney(s) appearing for the Case

Edwin Phelps, Wilmette, Ill., William A. Snow, Chicago, Ill., for appellant.

Frank H. Marks, Chicago, Ill., Maxwell James, New York City, Kahn, Adsit, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., James & Franklin, New York City, for appellee.

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

HASTINGS, Chief Judge.

Plaintiff Maxant Button & Supply Co. (Maxant) brought this action against Sears, Roebuck & Co. (Sears) in the federal district court. Maxant charged Sears with patent infringement. Sears counterclaimed asserting invalidity and noninfringement.

Maxant is the owner by assignment of U. S. Letters Patent in suit, Re. 25,716 (the tool patent), issued January 26, 1965. This is a reissue of...

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