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

389 F.2d 38 ILLINOIS TOOL WORKS, INC., a Delaware corporation, Appellant, v. Rex L. BRUNSING, an individual, Brunsing & Sons, Inc., a Nevada corporation, and Tay-Pak Corporation, a Nevada corporation, Appellees. No. 22147. United States Court of Appeals Ninth Circuit. January 5, 1968. Rehearing Denied February 23, 1968. Carl Hoppe, Ernest M. Anderson, San Francisco, Cal., Richard R. Trexler, Chicago, Ill., for appellant. Louis F. Hawkins, San Rafael, Cal., for appellees. Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges. HAMLEY, Circuit Judge: 1 Two suits for patent infringement, brought by Illinois Tool Works, Inc. (Illinois Tool) against Rex L. Brunsing, Brunsing & Sons, Inc., and Tay-Pak Corporation, were consolidated for trial and appeal under the above heading. The patents in question are Holmberg Patent No. 2,646,911, issued July 28, 1953, and Poupitch Patent No. 2,923,406, issued on February 2, 1960. The patents, and the accused device, pertain to the packaging, in "six-packs" of conventional tin cans of food and beverages. Judgment was entered for defendants and plaintiffs appeal. 1 2 Plaintiffs claimed that defendants made, used and sold devices that infringe on…