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MINNESOTA MINING & MFG. CO. v. BERWICK INDUS., INC.

Nos. 75-1559, 75-1560.

532 F.2d 330 (1976)

MINNESOTA MINING AND MANUFACTURING COMPANY, a Corporation of Delaware, Appellant in No. 75-1559, v. BERWICK INDUSTRIES, INC., a Corporation of Pennsylvania, Appellant in No. 75-1560.

United States Court of Appeals, Third Circuit.

Decided March 18, 1976.

Attorney(s) appearing for the Case

Hugh J. McMenamin, Henkelman, McMenamin, Kreder & O'Connell, Scranton, Pa., Edward A. Haight, Britton A. Davis, Haight, Hofeldt, Davis & Jambor, Chicago, Ill., Terryl K. Qualey, Alexander, Sell, Steldt & DeLaHunt, St. Paul, Minn., for Minnesota Mining and Manufacturing Co.

Gainsburg, Gottlieb, Levitan & Cole, New York City, James, Silverblatt & Townend, Wilkes-Barre, Pa., for Berwick Industries, Inc.; Samuel Gottlieb, Bernard Beitel, New York City, Arthur Silverblatt, Wilkes-Barre, Pa., of counsel.

Before VAN DUSEN, ADAMS and WEIS, Circuit Judges.

OPINION OF THE COURT

JOSEPH F. WEIS, Jr., Circuit Judge.

All but one of the machines utilized by the defendant to fashion ribbon into decorative bows were found to infringe upon a patent owned by the plaintiff. On the issue of damages, however, the plaintiff did not fare so well, the award being limited by a determination that laches had been proved. These conclusions reached by the district court have not been demonstrated to be erroneous and we affirm...

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