KELLY-WHEATON CO. v. E. E. TUTSCH & CO.

Civ. A. No. 1582.

70 F.Supp. 145 (1947)

KELLY-WHEATON CO. v. E. E. TUTSCH & CO. et al.

District Court, W. D. Wisconsin.

March 12, 1947.


Attorney(s) appearing for the Case

George E. Kirk, of Toledo, Ohio, and Thomas N. Burke, of Madison, Wis., for plaintiff.

S. L. Wheeler, of Milwaukee, Wis., and Randolph R. Conners, of Madison, Wis., for defendants.


STONE, District Judge.

Plaintiff, an Ohio corporation, with offices at Toledo, Ohio, brought this action against the defendants, copartners, doing business at Madison, Wisconsin, and has alleged in its complaint that defendents infringed Claims 5, 11 and 12 of plaintiff's patent No. 2,160,023.

The defendants deny infringement and contend that the patent in suit is invalid in that the claims lack invention and were anticipated by prior patents.

The...

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