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TELE-SONIC PACKAGING CORP. v. ERRICH INTERNAT'L CORP.

173 F.Supp. 335 (1959)

TELE-SONIC PACKAGING CORPORATION and John Gerbe, Irving Wolf and Arthur Wolf, Plaintiffs, v. ERRICH INTERNATIONAL CORPORATION and Manuel L. Ruderman, Defendants (CLEARVIEW PACKAGING COMPANY, an Illinois Corporation, Additional Defendant).

United States District Court S. D. New York.

March 23, 1959.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, Robert McKay, New York City, of counsel, for plaintiffs Tele-Sonic Packaging Corp. and John Gerbe.

Frankenthaler & Kohn, New York City, for plaintiff Tele-Sonic Packaging Corp.

Alessio & Kirby, New Hyde Park, Long Island, N. Y., Sherman P. Appel, Chicago, Ill., of counsel, for plaintiffs Irving Wolf and Arthur Wolf and additional defendant, Clearview Packaging Co.

Kirschstein, Kirschstein & Ottinger, New York City, Morris Kirschstein, David Kirschstein, New York City, of counsel, for defendants.

LEVET, District Judge.

The complaint herein charges the defendants with a wilful and deliberate infringement of United States Letters Patent No. 2,673,016, issued to plaintiff John Gerbe on March 23, 1954, on an application filed on October 11, 1952. Said infringement is claimed to have resulted from the defendants' manufacture, sale and use of a certain bag-distending apparatus allegedly within the scope of the patent. The answer admits the existence of the patent...

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