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HENRIKSEN v. CORY CORPORATION

No. 14070.

327 F.2d 409 (1964)

Ernst Johan Jens HENRIKSEN and W. A. Sheaffer Pen Company, Plaintiffs-Appellees, v. CORY CORPORATION, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 26, 1964.

Attorney(s) appearing for the Case

William J. Stellman, Ernest A. Wegner, William R. McNair, Chicago, Ill., for defendant-appellant; Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., of counsel.

Fred T. Williams, James R. Dowdall, Thomas E. Smith, Chicago, Ill., for plaintiffs-appellees; Pendleton, Neuman, Seibold & Williams, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge and DUFFY and CASTLE, Circuit Judges.

DUFFY, Circuit Judge.

This is a suit alleging infringement of Henriksen Patent No. 2,678,634 issued on May 18, 1954, and entitled "Writing Instrument."

Co-plaintiff, W. A. Sheaffer Pen Company, acquired from Henriksen an exclusive right to make, use and sell in the United States, writing instruments embraced within the scope of the claims of the Henriksen patent.

The patent in suit relates to the construction of a ballpoint pen. The specification describes...

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