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ALLEN INDUSTRIES, INC. v. NATIONAL SPONGE CUSHION, INC.

Civ. No. 106-65.

292 F.Supp. 504 (1967)

ALLEN INDUSTRIES, INC., and Colonial Rubber Works, Inc., Plaintiffs, v. NATIONAL SPONGE CUSHION, INC., Defendant.

United States District Court D. New Jersey.

July 12, 1967.

Attorney(s) appearing for the Case

Backes & Backes, Robert M. Backes, Trenton, N. J., Harness, Dickey & Pierce, Don K. Harness, and Richard E. Dibner, Detroit, Mich., for plaintiffs.

Levy, Levy & Albert, Leon L. Levy, Trenton, N. J., Welsh & Cummins, Louis M. Welsh, San Diego, Cal., and C. G. Stratton, Los Angeles, Cal., California Bar, for defendant.

OPINION

LANE, District Judge:

This case was instituted by Allen Industries as a declaratory judgment action seeking to have the four claims of National Sponge's Patent No. 2,740,739 declared invalid. National Sponge answered, asserting the validity of its patent claims, and counterclaimed, alleging that certain of Allen's products infringed its patent. Defendant's answer contained a demand that the case be tried by a jury. Subsequent to defendant's answer...

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