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JURSICH v. J. I. CASE COMPANY

No. 70 C 1128.

350 F.Supp. 1125 (1972)

John T. JURSICH et al., Plaintiffs, v. J. I. CASE COMPANY, Defendants.

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

October 5, 1972.

Attorney(s) appearing for the Case

Phillip H. Mayer, Wolfe, Hubbard, Leydig, Voit, Osann, Chicago, Ill., for plaintiffs.

Anthony R. Chiara, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., H. P. Settle, Cullen, Settle, Sloman & Cantor, Detroit, Mich., for defendants.

DECISION and JUDGMENT

McMILLEN, District Judge.

Plaintiffs are owners and the licensee of Gremillion patent No. 3,390,533. They filed a complaint for infringement against the defendant who is manufacturing a competitive device as licensee under Davis patent No. 3,363,423. Defendant filed a counterclaim alleging that plaintiff's patent is invalid for several reasons. Defendant also denies any infringement even if plaintiff's patent is valid.

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