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SCOTT PAPER COMPANY v. FORT HOWARD PAPER COMPANY

Nos. 17569, 17570.

432 F.2d 1198 (1970)

SCOTT PAPER COMPANY, Plaintiff-Appellant and Cross-Appellee, v. FORT HOWARD PAPER COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

September 4, 1970.

Attorney(s) appearing for the Case

Arthur G. Connolly, Wilmington, Del., James P. Brody, Foley, Sammond & Lardner, Milwaukee, Wis., for plaintiff-appellant; William J. Foley, Philadelphia, Pa., Earl Christensen, James M. Mulligan, Jr., Connolly, Bove & Lodge, Wilmington, Del., of counsel.

Paul J. Schierl, Green Bay, Wis., George B. Newitt, George P. McAndrews, Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill., Arthur L. Morsell, Milwaukee, Wis., for defendant-appellee; Morsell & Morsell, Milwaukee, Wis., of counsel.

Before MAJOR, Senior Circuit Judge, KILEY, Circuit Judge, and ESCHBACH, District Judge.

KILEY, Circuit Judge.

Scott Paper Company (Scott) appeals from a judgment against it in this patent infringement action. Fort Howard Paper Company (Fort Howard) cross-appeals from the district court ruling denying it attorney fees. We affirm the judgment and ruling.

Scott is a Pennsylvania, and Fort Howard a Wisconsin, corporation. The patent in suit, No. 2,834,809, issued May 13, 1958.2 On August 26, 1960, Scott filed the present...

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