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R.E. PHELON CO., INC. v. WABASH, INC.

No. S 79-9.

640 F.Supp. 1383 (1986)

R.E. PHELON COMPANY, INC., Plaintiff, v. WABASH, INC., Defendant.

United States District Court, N.D. Indiana, South Bend Division.

As Amended July 9, 1986.

Attorney(s) appearing for the Case

James D. Hall, South Bend, Ind., John J. Dempsey, Springfield, Mass., Jerald A. Jacover, Chicago, Ill., for plaintiff.

Walther E. Wyss, Chicago, Ill., John J. Lorber, Wendell W. Walsh, South Bend, Ind., for defendant.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

I.

The jurisdiction of this case is not disputed; it is based on 35 U.S.C. § 1 et seq. and 28 U.S.C. §§ 1338 and 1400. The parties agreed to bifurcate the issues of liability and damages for the purposes of trial. This opinion addresses the liability issues only. There are three patents at issue in this litigation: United States Patent No. Re. 31,837 ('837), United States Patent...

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