SUPER MOLD CORPORATION OF CAL. v. JAMES C. HEINTZ CO.

Civ. No. C 67-245.

318 F.Supp. 286 (1969)

SUPER MOLD CORPORATION OF CALIFORNIA, a corporation doing business as Super Mold Corporation, Plaintiff, v. JAMES C. HEINTZ COMPANY, an Ohio corporation, Defendant.

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

On Second Motion June 8, 1970.


Attorney(s) appearing for the Case

Jack E. Toliver and Thomas E. Fisher, Watts, Hoffmann, Fisher & Heinke, Cleveland, Ohio, for plaintiff.

Albert R. Teare, Teare, Teare & Sammon, Cleveland, Ohio, for defendant.


MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT.

KALBFLEISCH, District Judge.

By motion for partial summary judgment, defendant seeks an adjudication that the patent in suit is invalid under 35 U.S.C. § 102(b) in that the invention claimed therein was in public use or on sale in this country more than one year prior to the date of the patent application. In addition, defendant argues that the material presently before the Court establishes that...

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