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SANITATION EQUIPMENT LTD. v. THETFORD CORP.

No. 83 C 3221.

654 F.Supp. 597 (1987)

SANITATION EQUIPMENT LIMITED; Century Tool and Manufacturing Co., Plaintiffs, v. THETFORD CORPORATION, Defendant.

United States District Court, N.D. Illinois, E.D.

February 25, 1987.

Attorney(s) appearing for the Case

Charles A. Laff, Martin L. Stern, Laff, Whitesel, Conte & Saret, Chicago, Ill., for plaintiffs.

Bradley Hulbert, D. Dennis Allegretti, Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill., James Wynne, Frank B. Vecchio, Stern, Milmet, Vecchio, Goll & Carnago, Detroit, Mich., George L. Boller, Stephenson & Boller, Ann Arbor, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

BRIAN BARNETT DUFF, District Judge.

Plaintiffs move for summary judgment on their claim that defendant's U.S. Patent No. 4,192,027 ("the '027 patent") is invalid and unenforceable. Plaintiffs make three assertions: that the patent is unenforceable in its entirety because defendant procured it by inequitable conduct; that Claims 1, 2, and 4 are invalid because they replicate prior art; and that the remaining claims (3 and 5-9...

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