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LARSON v. CLASSIC CORP.

No. 86 C 6379.

683 F.Supp. 1202 (1988)

Lynn D. LARSON, Plaintiff, v. CLASSIC CORP., a Maryland corporation, Defendant.

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

April 12, 1988.

Attorney(s) appearing for the Case

William M. Lee, Jr., Lee, Smith & Zickert, Chicago, Ill., John A. Beehner, Dennis L. Thomte, Zarley, McKee, Thomte, Voorhes & Sease, Omaha, Neb., for plaintiff.

Joseph P. Della Maria, Jr., Kenneth P. Taube, Rothschild, Barry & Myers, Chicago, Ill., for defendant.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Plaintiff Lynn Larson ("Plaintiff") has sued defendant Classic Corporation ("Defendant") for the latter's alleged infringement of his patented waterbed mattress design, U.S. Design Patent No. 270,693. Defendant has now moved for summary judgment on the grounds that the design patent for the mattress is invalid because the patented features of the mattress are obscured during the waterbed's normal use...

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