MAGIC FINGERS, INC. v. AUGER

Civ. No. 8-18.

232 F.Supp. 372 (1964)

MAGIC FINGERS, INC., Plaintiff, v. Robert E. AUGER, individually and d/b/a Vibra-Rest; Leo Pomerleau, individually and d/b/a Vibra-Rest; and Northeastern Furnishings, Inc., Defendants.

United States District Court D. Maine, S. D.

July 13, 1964.


Attorney(s) appearing for the Case

S. C. Yuter, Lawrence Greenapple, New York City, Harris M. Isaacson, Philip M. Isaacson, Lewiston, Me., for plaintiff.

William H. Clifford, Lewiston, Me., Lewis I. Naiman, Gardiner, Me., Robert Shaw, Robert H. Rines, Boston, Mass., for defendants.


GIGNOUX, District Judge.

This is an action for infringement of United States Letters Patent No. 3,035,572, with additional counts for unfair competition and breach of contract. The matter is presently before the Court upon defendants' motions for summary judgment upon the patent count only. As there is no genuine issue as to any fact material to a determination of the merits of these motions, Fed.R.Civ.P. 56, and as "[t]he prior art and the patent claims are so simple...

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