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SWEETHEART PLASTICS, INC. v. ILLINOIS TOOL WORKS, INC.

No. 66 Civil 2559.

267 F.Supp. 938 (1967)

SWEETHEART PLASTICS, INC., Plaintiff, v. ILLINOIS TOOL WORKS, INC., Defendant.

United States District Court S. D. New York.

May 3, 1967.

Attorney(s) appearing for the Case

Graubard & Moskovitz, New York City, for plaintiff. Seymour Graubard, George Greenfield, Michael H. Greenberg, Edward M. Rosenfeld, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendant. Samuel E. Gates, J. Asa Rountree, Harvey J. Goldschmid, New York City, of counsel.

WEINFELD, District Judge.

Plaintiff, Sweetheart Plastics, Inc. ("Sweetheart Plastics"), commenced this action for a declaratory judgment decreeing the invalidity and noninfringement of two patents of nestable or stacking cups owned by the defendant used in the production of thin-wall thermoplastic containers. The same two patents are the subject of an infringement suit brought by the defendant in the United States District Court for the Northern District of Illinois...

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