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HOPKINS v. WACO PRODUCTS

No. 10780.

205 F.2d 221 (1953)

HOPKINS v. WACO PRODUCTS, Inc. ALAN'S SALES ENGINEERS v. HOPKINS.

United States Court of Appeals Seventh Circuit.

June 23, 1953.

Attorney(s) appearing for the Case

George H. Wallace, Charles B. Cannon, and Wallace & Cannon, all of Chicago, Ill., for appellant.

Mayer Goldberg, Dugald S. McDougall, and Leo Klein, all of Chicago, Ill., Joseph Minsky, Chicago, Ill., of counsel, for appellee.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.

DUFFY, Circuit judge.

Hopkins, doing business as Lake City Products, brought an action against Waco Products, Inc. (hereinafter called Waco) for infringement of his design patent D-156,008. Alan's Sales Engineers, Inc., in a separate suit against Hopkins, sought a declaratory judgment that design patent D-156,008 was invalid for lack of invention. The two actions were consolidated and tried together. The district court found the patent invalid. Hopkins had also alleged...

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