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MACLAREN v. B-I-W GROUP INC.

No. 708, Docket 75-7613.

535 F.2d 1367 (1976)

Owen Finlay MACLAREN and Miron Charles Bell, Plaintiffs-Appellees, v. B-I-W GROUP INC. and Cross River Products, Inc., Defendants-Appellants. B-I-W GROUP INC., Counterclaim-Plaintiff-Appellant, v. Owen Finlay MACLAREN et al., Counterclaim-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 20, 1976.

Attorney(s) appearing for the Case

Joseph C. Sullivan, New York City (Charles R. Hoffmann, Gerald Levy, Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, Roger W. Parkhurst, Stevens, Davis, Miller & Mosher, Arlington, Va., Francis J. Hone, Brumbaugh, Graves, Donohue & Raymond, New York City, of counsel), for plaintiffs-appellees and counterclaim-defendants-appellees.

Michael I. Rackman, New York City (Barry A. Cooper, Gottlieb, Rackman, Reisman & Kirsch, P. C., Howard I. Rhine, Zimet, Haines, Moss & Goodkind, New York City, of counsel), for defendants-appellants and counterclaim-plaintiff-appellant.

Before FRIENDLY, MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

The issue before us on this appeal is the validity of United States Letters Patent No. 3,390,893, issued on July 2, 1968, to plaintiff-appellee Owen Finlay Maclaren with respect to a "collapsible support assembly," suggested as useful for structures such as baby carriages, folding chairs, shopping carts, and the like. Maclaren subsequently licensed the patent to co-plaintiff-appellee Miron Charles Bell for manufacture in the United States...

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