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EVERSHARP, INC. v. PHILIP MORRIS, INCORPORATED

Civ. A. No. 3777.

256 F.Supp. 778 (1966)

EVERSHARP, INC., Plaintiff, v. PHILIP MORRIS, INCORPORATED, Defendant.

United States District Court E. D. Virginia, Richmond Division.

March 1, 1966.

Attorney(s) appearing for the Case

John D. Dewey, Greist, Lockwood, Greenawalt & Dewey, Chicago, Ill., Fielding L. Williams, George R. Humrickhouse, Williams, Mullen & Christian, Richmond, Va., for plaintiff.

Lewis T. Booker, Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., John T. Kelton, Elmer R. Helferich, Watson, Leavenworth, Kelton & Taggart, New York City, for defendant.

MEMORANDUM OF THE COURT

BUTZNER, District Judge.

In this action the plaintiff, Eversharp, Inc., complains that the defendant, Philip Morris, Incorporated, infringes plaintiff's patent to Preis and Kuhnl 3,071,857 (referred to as the blade patent or '857), which was issued January 8, 1963.

No questions of jurisdiction or venue exist. Ownership of the patent is not disputed.

Philip Morris' defenses are that the claim of the blade patent is...

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