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DITTO, INCORPORATED v. MINNESOTA MINING & MFG. CO.

Nos. 17415, 17419.

336 F.2d 67 (1964)

DITTO, INCORPORATED, Appellant, v. MINNESOTA MINING & MANUFACTURING COMPANY, Appellee. MINNESOTA MINING & MANUFACTURING COMPANY, Appellant, v. DITTO, INCORPORATED, Appellee.

United States Court of Appeals Eighth Circuit.

August 28, 1964.

Attorney(s) appearing for the Case

Edward A. Haight, of Haight, Simmons & Hofeldt, Chicago, Ill., John W. Hofeldt, of Haight, Simmons & Hofeldt, Chicago, Ill., and William H. Abbott, of Carpenter, Abbott, Coulter & Kinney, St. Paul, Minn., for Minnesota Mining & Manufacturing Co.

James P. Hume, of Byron, Hume, Groen & Clement, Chicago, Ill., James M. Wetzel, of Byron, Hume, Groen & Clement, Chicago, Ill., and Paul J. McGough, Minneapolis, Minn., for Ditto, Inc.

Before VAN OOSTERHOUT, RIDGE and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Minnesota Mining & Manufacturing Company (3M) brought this action for infringement of United States Letters Patent No. 2,740,896 entitled "Method of Using Heat Sensitive Copying Paper" granted 3M upon application of inventor Miller on April 3, 1956, against defendant Ditto, Incorporated. Ditto by answer denied infringement and asserted the invalidity of the patent and by counterclaim sought a declaratory judgment determining...

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