FRANTZ MANUFACTURING CO. v. PHENIX MANUFACTURING CO.

No. 67-C-335.

307 F.Supp. 822 (1970)

FRANTZ MANUFACTURING COMPANY, Plaintiff, v. PHENIX MANUFACTURING CO., Inc., Defendant.

United States District Court E. D. Wisconsin.

January 20, 1970.


Attorney(s) appearing for the Case

Wheeler, Wheeler, House & Clemency, by Joseph P. House, Jr., Milwaukee, Wis., for plaintiff.

Michael, Best & Friedrich, by Gerrit D. Foster, Milwaukee, Wis., for defendant.


OPINION

MYRON L. GORDON, District Judge.

The plaintiff brought this action under 35 U.S.C. § 281 for the infringement of three of its patents: mechanical patents numbered 3,104,699 and 3,169,612 and design patent numbered 194,094. By stipulation of the parties, the complaint as to the patent numbered 3,104,699 has been dismissed. In its answer, the defendant Phenix asks for declaratory relief, asserting the invalidity of the two patents remaining in...

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