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FRITO-LAY, INC. v. PROCTER & GAMBLE COMPANY

Civ. A. No. CA 3-6671-E.

364 F.Supp. 243 (1973)

FRITO-LAY, INC. v. The PROCTER & GAMBLE COMPANY, and Procter & Gamble Distributing Company.

United States District Court, N. D. Texas, Dallas Division.

July 18, 1973.

Attorney(s) appearing for the Case

Stanley S. Crooks, Dallas, Tex., Stanton T. Lawrence, Jr., and John L. Sigalos, New York City, Richard A. Lochner, Dallas, Tex., for plaintiff.

Eugene Jericho, Dallas, Tex., George B. Finnegan, Jr., Jerome G. Lee, and Warren H. Rotert, New York City, for defendants.

MEMORANDUM ORDER

MAHON, District Judge.

Plaintiff, Frito-Lay, Inc., has brought suit pursuant to 28 U.S.C. §§ 2201-02 (1970), seeking declaratory judgment of the invalidity and unenforceability of United States Patent No. 3,498,798 issued to The Procter & Gamble Company on March 3, 1970. The subject of the patent in question is,

"a package for chip-type snack food products and a method of packaging the chips. . . . The chips used are...

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