GASS v. MONTGOMERY WARD & CO.

Nos. 64 C 1996, 65 C 205.

258 F.Supp. 494 (1966)

David L. GASS and Gem Manufacturing Company, Plaintiffs, v. MONTGOMERY WARD & CO., Defendant. David L. GASS and Gem Manufacturing Company, Plaintiffs, v. SUPERIOR INDUSTRIES, INC., and Sears Roebuck and Co., Defendants.

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

September 14, 1966.


Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., for plaintiffs.

Max Kraus, Prangley, Baird, Clayton, Miller & Vogel, Chicago, Ill., Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., for defendants.


OPINION

WILL, District Judge.

Plaintiffs charge defendants with infringing United States Patent No. 3,121,582, issued February 18, 1964 to plaintiff David L. Gass (hereinafter "Gass"), who has granted an exclusive license to plaintiff Gem Manufacturing Company (hereinafter "Gem"). The defendants concede that the accused devices embody the structure described in claims 1 and 2 of the patent in question but assert that such claims are invalid. Plaintiffs in...

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