Esco Corp. v. Tru-Rol Co.

Full title: ESCO CORPORATION, APPELLEE v. THE TRU-ROL COMPANY, INC., APPELLANT. ESCO…

Court: United States Court of Appeals, Fourth Circuit

Date published: Jan 2, 1974

489 F.2d 699 (4th Cir. 1974)

Opinion

Nos. 73-1836, 73-1837.

Argued November 9, 1973.

Decided January 2, 1974.

Jerome F. Fallon, Chicago, Ill. (Benjamin C. Howard, and Miles Stockbridge, Baltimore, Md., on brief), for Esco Corp.

Patrick J. B. Donnelly, Baltimore, Md. (H. Gregory Skidmore, Niles, Barton Wilmer, Baltimore, Md., George H. Spencer, and Spencer Kaye, Washington, D.C., on brief), for The Tru-Rol Co., Inc.

Appeal from the United States District Court for the District Court of the Maryland.

Before CRAVEN, BUTZNER and RUSSELL, Circuit Judges.

PER CURIAM:

Esco Corporation sued the Tru-Rol Company for infringement of U.S. Patent No. 2,919,506 covering a type of excavating teeth used on heavy machinery. The district court found that claims 1, 3, 8, 15, 20, 21 and 28 of the patent were valid and infringed. The court granted an injunction prohibiting Tru-Rol from further infringement and awarded actual damages, costs, and reasonable attorney's fees to Esco. The court, however, denied treble damages and certain additional costs, and Esco appeals from that part of the judgment. Tru-Rol, in turn, appeals from the award of attorney's fees. Finding no error, we affirm for reasons adequately stated by the district court.