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MAINLAND INDUSTRIES v. TIMBERLAND MACHINES

No. 78-6-90; CA 19614.

649 P.2d 613 (1982)

58 Or.App. 585

MAINLAND INDUSTRIES, Inc., a Delaware Corporation, Appellant-Cross-Respondent, v. TIMBERLAND MACHINES and Engineering Corporation, an Oregon Corporation, E.H. Swafford, F.L. Miller and John Does 1 through 20, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided August 18, 1982.

Reconsideration Denied September 29, 1982.

Attorney(s) appearing for the Case

Michael J. Esler, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were John W. Stephens and Esler & Schneider, Portland.

J. Pierre Kolisch, Portland, argued the cause for respondents-cross-appellants. With him on the briefs were Francine H. Gray, and Kolisch, Hartwell & Dickinson, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Plaintiff Mainland Industries, Inc. (Mainland) appeals from a trial court decree that (1) ordered defendant Miller to assign a patent to Mainland, but allowed Miller a lifetime license in the patent, and (2) denied Mainland's prayer that a constructive trust be imposed on any profits earned by defendants as a result of their wrongful use of the disputed patent. Defendants cross-appeal, contending that the trial court erred in holding that Mainland...

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