Illinois Tool Works, Inc. v. Rex L. Brunsing

In its present posture, this is a suit for patent infringement brought by Illinois Tool Works, Inc., against Rex L. Brunsing, Brunsing & Sons, Inc., and Tay-Pak Corporation. The patents in question are Holmberg Patent No. 2,646,911, issued on July 28, 1953 and Poupitch Patent No. 2,923,406, issued on February 2, 1960. These patents, and the accused device, pertain to the packaging, in “six-paks” of conventional tin cans of food and beverages.

Plaintiff sought damages and injunctive relief. Defendants denied infringement and defended on the additional grounds of patent invalidity, misuse and unclean hands. Defendants also counterclaimed for a judicial declaration that the patents are invalid, and for an injunction restraining plaintiff from suing defendants or their customers for infringement.

A pretrial order was thereafter entered providing that the infringement issue would first be separately tried, and that all other issues are to remain to be fixed for trial at such time as the district court may determine after passing upon the infringement issue. After a trial without a jury, the district court entered findings of fact which led it to conclude that defendants have not…