U.S. Court of Appeals for the Fourth Circuit, 1974

Esco Corp. v. Tru-Rol Co.

U.S. Court of Appeals for the Fourth Circuit · Decided January 2, 1974

489 F.2d 699; 180 U.S.P.Q. (BNA) 290 (Federal Reporter, Second Series)

Counsel

Jerome F. Fallon, Chicago, 111. (Benjamin C. Howard, and Miles & Stock-bridge, 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.

Cases that cite this one

2 later published cases cite this decision.

Ab Iro v. Otex, Inc. (District Court, D. South Carolina 1983)
Esco Corporation v. The Tru-Rol Company, Inc., Esco Corporation v. The Tru-Rol Company, Inc. (4th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.