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TRIMBLE PRODUCTS INCORPORATED v. W. T. GRANT COMPANY

No. 131, Docket 32543.

404 F.2d 344 (1968)

TRIMBLE PRODUCTS INCORPORATED, Appellant, v. W. T. GRANT COMPANY, and Sears Roebuck & Co., Appellees.

United States Court of Appeals Second Circuit.

Decided October 31, 1968.

Attorney(s) appearing for the Case

Granville M. Pine, New York City (Robert E. Paulson, New York City, Morgan, Finnegan, Durham & Pine, New York City, on the brief), for appellant.

I. Walton Bader, New York City (Maximilian Bader, Bader & Bader, New York City, on the brief), for appellees.

Before LUMBARD, Chief Judge and KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

Trimble Products Incorporated brought this action seeking an injunction and damages for the alleged infringement by defendants Sears Roebuck & Company and W. T. Grant Company of its utility patent No. 2,908,021 and design patent No. 186,358, both of which relate to playpens for children. After a trial on the merits, Judge Motley found that the playpens sold by the defendants infringed upon Trimble's patents, but held that although they were new and...

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