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SURE PLUS MFG. CO. v. KOBRIN

No. 82-5889.

719 F.2d 1114 (1983)

SURE PLUS MANUFACTURING CO., Plaintiff-Appellee, v. Hy KOBRIN and Kobrin Manufacturing, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 14, 1983.

Attorney(s) appearing for the Case

Richard M. Saccocio, Fort Lauderdale, Fla., for defendants-appellants.

Joseph Zallen, Fort Lauderdale, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and GOLDBERG, Senior Circuit Judge.

GODBOLD, Chief Judge:

Sure Plus Manufacturing Co. sued Kobrin and Kobrin Manufacturing Co. ("Kobrin") in 1978 alleging infringement of Sure Plus's patent on a vehicle mirror assembly. Before the case was tried Kobrin modified his allegedly infringing mirror assembly and applied for a patent on it as modified, citing the Sure Plus patent as part of the prior art.

After trial, in July 1980, while Kobrin's application on his modified assembly was still pending...

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