TALGE v. SEARS ROEBUCK & CO.

No. 937.

48 F.Supp. 723 (1943)

TALGE v. SEARS ROEBUCK & CO.

District Court, W. D. Missouri, W. D.

January 7, 1943.


Attorney(s) appearing for the Case

Thomas E. Scofield, of Kansas City, Mo., for plaintiff.

Arthur C. Brown, Jr. and Claude A. Fishburn, both of Kansas City, Mo., Harry W. Lindsey, Jr. and Raymond E. Fidler (of Davis, Lindsey, Smith & Shonts), both of Chicago, Ill., and Frank H. Marks (of Lederer, Livingston, Kahn & Adsit), of Chicago, Ill., for defendant.


REEVES, District Judge.

This is a suit for an alleged patent infringement and unfair competition. The plaintiff owns two design patents. Such patents cover designs for a device known as a fruit juice extractor. The defendant challenges the validity of the patents and asserts that even if valid, the plaintiff is not entitled to recover because of his laches in the peculiar circumstances of the case. The averments of invalidity...

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