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PHILIPS INDUSTRIES, INC. v. STATE STOVE & MFG. CO., INC.

No. 74-1841.

522 F.2d 1137 (1975)

PHILIPS INDUSTRIES, INC. and Mobil Temp, Inc., Plaintiffs-Appellees, v. STATE STOVE AND MANUFACTURING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 11, 1975.

Attorney(s) appearing for the Case

Harrington A. Lackey, Nashville, Tenn., Paul R. Puerner, Michael, Best & Friedrich, Milwaukee, Wis., for defendant-appellant.

Thomas Wardlaw Steele, Gullett, Steele, Sanford & Robinson, Nashville, Tenn., Donald K. Harness, Harness, Dickey & Pierce, Birmingham, Mich., for plaintiffs-appellees.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and HERMANSDORFER, District Judge.

PHILLIPS, Chief Judge.

Mobil Temp, Inc. (Mobil Temp), a wholly owned subsidiary of Philips Industries, Inc., (Philips), is the assignee of U.S. patent No. 3,353,528 and the reissue of that patent, Re. 27,392, both of which issued to Donald E. Robinson. This action was brought by Mobil Temp and Philips against State Stove Manufacturing Co., Inc. (State Stove) for infringement. State Stove counterclaimed for declaratory judgment of invalidity. The District Court held...

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