UNITED STATES GYPSUM CO. v. DALE INDUSTRIES INC.

No. 17164.

383 F.2d 497 (1967)

UNITED STATES GYPSUM COMPANY, Plaintiff-Appellee, v. DALE INDUSTRIES INCORPORATED and Albert Fruman, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

September 27, 1967.


Attorney(s) appearing for the Case

Bernard J. Cantor, Detroit, Mich. (Cullen, Sloman & Cantor, Daniel G. Cullen, Detroit, Mich., on the brief), for appellants.

Patrick H. Hume, Chicago, Ill. (James M. Wetzel, John K. Wise, Chicago, Ill., on the brief; Hume, Groen, Clement & Hume, Chicago, Ill., of counsel), for appellee.

Before PHILLIPS, EDWARDS and McCREE, Circuit Judges.


EDWARDS, Circuit Judge.

Plaintiff-appellee, United States Gypsum Company, sued defendants-appellants, Dale Industries Incorporated and Albert Fruman, for infringement of a patent. Defendants-appellants stipulated that they had indeed copied the device in dispute and hence conceded infringement. Defendants' defense was that the patent was invalid.

The substantive issue in this case is whether the Nelsson Patent No. 3,090,164 (May 21, 1963) (which plaintiff...

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