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CLARKE v. K-MART

Civ. A. Nos. 77-132 Erie, 77-143 Erie.

481 F.Supp. 470 (1979)

William A. CLARKE, Plaintiff, v. K-MART, Defendant. William A. CLARKE, Plaintiff, v. K-MART, Placo Products Company, Toy World, Joseph Dahlkemper, Inc., Toys-R-Us, J. C. Penney Co., Inc., Defendants.

United States District Court, W. D. Pennsylvania.

December 13, 1979.

Attorney(s) appearing for the Case

Ralph Hammar, Erie, Pa., for plaintiff.

John M. McLaughlin, John G. Gent, James D. McDonald, Jr., Erie, Pa., Richard A. Wallen, Warren L. Kern, Los Angeles, Cal., for defendants.

OPINION

WEBER, Chief Judge.

In this action Plaintiff claims infringement of his Patent No. 4,029,316 called "Game Ball." The present patent is limited to the ball which was employed together with a mitt in a game for which plaintiff was issued patent No. 3,999,748, which we held invalid for obviousness in prior proceedings in related cases.

The ball patent in issue here is defined by its claim as follows:

"1. A ball adapted to stick to a...

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