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OMARK INDUSTRIES, INC. v. CARLTON CO.

Civ. No. 75-1157.

458 F.Supp. 449 (1978)

OMARK INDUSTRIES, INC., Plaintiff, v. The CARLTON COMPANY and Raymond R. Carlton, Defendants.

United States District Court, D. Oregon.

August 11, 1978.

Attorney(s) appearing for the Case

Kenneth S. Klarquist, James Campbell, Klarquist, Sparkman, Campbell, Leigh, Hall & Whinston, Portland, Or., for plaintiff.

M. H. Hartwell, Jr., Kolisch, Hartwell, Dickinson & Stuart, Portland, Or., for defendants.

OPINION

SOLOMON, District Judge:

Omark Industries, Inc. (plaintiff) filed this action against Raymond Carlton (Carlton) and the Carlton Company (defendants) to enjoin them from infringing plaintiff's saw chain patent (U.S. Letters Patent No. 3,180,378 or the Omark patent). Defendants deny infringement. They also seek a declaration that the Omark patent is invalid because of obviousness and because the invention was on sale or in public use more than one...

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