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SIMMONS FASTENER CORP. v. ILLINOIS TOOL WORKS, INC.

No. 86-CV-280.

663 F.Supp. 697 (1987)

SIMMONS FASTENER CORPORATION, Plaintiff, v. ILLINOIS TOOL WORKS, INC., Defendant.

United States District Court, N.D. New York.

June 24, 1987.

Attorney(s) appearing for the Case

Wyatt Gerber Shoup Scobey & Badie (Eliot S. Gerber, of counsel), New York City, Kohn Bookstein & Karp (Richard A. Kohn, of counsel), Albany, N.Y., for plaintiff.

Cook Wetzel & Egan, (Granger W. Cook, of counsel), Chicago, Ill., Bouck Holloway Kiernan & Casey (Francis Holloway, of counsel), Albany, N.Y., for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This action involves allegations of patent infringement made by defendant Illinois Tool Works, Inc. (ITW) against plaintiff Simmons Fastener Corporation (Simmons). The object of the allegations is a small metal device alternately known as a fastener, nut plate, or screw anchor (fastener) that is used primarily in securing shelves inside of refrigerators by serving as an anchor for a screw.

ITW...

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