Herbert H. Mintz argued the cause for petitioner. With him on the briefs were Robert D. Litowitz, Jean Burke Fordis, David S. Forman, and William L. Androlia.
Garrard R. Beeney argued the cause for respondents. With him on the brief were William E. Willis, John L. Hardiman, Sheldon Karon, and Paul M. Dodyk.
Thomas G. Hungar argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Schiffer, Acting Deputy Solicitor General Kneedler, Leonard Schaitman, and John P. Schnitker.*
In order to reach the merits of this case, we would have to address a question that was neither presented in the petition for certiorari nor fairly included in the one question that was presented. Because we will consider questions not raised in the petition only in the most exceptional cases, and because we conclude this is not such a case, we dismiss the writ of certiorari as improvidently granted.
Petitioner was named as a defendant, along with respondent Windmere Corporation, in an action brought by respondent U. S. Philips Corporation in the District Court for the Southern District of Florida claiming that the defendants had infringed Philips' patent rights and engaged in unfair trade competition. Windmere counterclaimed for antitrust violations. At the first trial of the action, judgment was entered on a jury verdict for Philips on its patent infringement claim, and neither Izumi nor Windmere appealed. Philips also prevailed on Windmere's antitrust counterclaim, and the District Court ordered a new trial on the unfair competition
*Briefs of amici curiae urging reversal were filed for Sears Roebuck & Co. by Roger D. Greer and Kara F. Cenar; and for Trial Lawyers for Public Justice by Jill E. Fisch and Arthur H. Bryant.
Jay M. Smyser filed a brief for the Product Liability Advisory Council, Inc., as amicus curiae urging affirmance.Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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