MINNESOTA MINING & MFG. CO. v. PLYMOUTH RUBBER CO.

No. 54 C 1115.

178 F.Supp. 591 (1959)

MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation of Delaware, Plaintiff, v. PLYMOUTH RUBBER COMPANY, Inc., a corporation of Massachusetts; Hawkins Electric Company, a corporation of Illinois; Jerome J. Levitt, James J. Driscoll and Melvin R. Hecker, co-partners d/b/a Complete Electrical Supply Company, and F. M. Shumway and R. C. Fresen, co-partners, d/b/a Shumway-Fresen Co., Defendants.

United States District Court N.D. Illinois, E. D.

March 27, 1959.


Attorney(s) appearing for the Case

Haight, Lockwood & Simmons, Chicago, Ill., for plaintiff.

Hector M. Holmes, Fish, Richardson & Neave, Boston, Mass., Casper W. Ooms, Dugald S. McDougall, Chicago, Ill., of counsel, for defendant.


ROBSON, District Judge.

This is a patent infringement suit. Defendants have filed a motion for summary judgment on the ground that it has been judicially determined that the precise product here involved did not infringe, and since the only possible infringing change in the product occurred years subsequent to the filing of the instant suit that change could not serve to cure the fatal defect of the complaint of want of infringement prior to suit.

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