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TORO CO. v. TEXTRON, INC.

Civ. A. No. 78-50.

499 F.Supp. 241 (1980)

The TORO COMPANY, Plaintiff, v. TEXTRON, INC., Defendant.

United States District Court, D. Delaware.

September 5, 1980.

Attorney(s) appearing for the Case

Rudolf E. Hutz, and Paul E. Crawford, of Connolly, Bove & Lodge, Wilmington, Del., Robert T. Edell, and Earl D. Reiland, of Merchant, Gould, Smith, Edell, Welter & Schmidt, Minneapolis, Minn., for plaintiff.

David A. Anderson, of Potter, Anderson & Corroon, Wilmington, Del., Dugald S. McDougall, and Keith V. Rockey, Chicago, Ill., Arthur J. Hansmann, Racine, Wis., for defendant.

OPINION

STAPLETON, District Judge:

Plaintiff, The Toro Company ("Toro") and defendant Jacobsen Manufacturing Company ("Jacobsen")1 are competitors in the manufacture and sale of labor—saving machines for outdoor use by consumers. Toro's amended complaint in this action charges Jacobsen with making and selling snow throwers that infringe Toro's Patent No. 3,359,661 (the "'661 patent") and with competing unfairly with Toro...

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