WE CARE, INC. v. ULTRA-MARK INTERN. CORP.

3-89 CIV 532.

741 F.Supp. 743 (1989)

WE CARE, INC., a South Dakota corporation, Plaintiff, v. ULTRA-MARK INTERNATIONAL CORPORATION, a Minnesota corporation; Steven E. Hemping, an individual; Marco Associates International; Bruce Gibis, an individual; Seifert Sales, Inc., a Minnesota corporation; and Lloyd A. Leirdahl, an individual, Defendants.

United States District Court, D. Minnesota, Third Division.

December 13, 1989.


Attorney(s) appearing for the Case

Merchant & Gould by John A. Clifford, Minneapolis, Minn., and Zarley, McKee, Thomte, Voorhees & Sease by Mark Frederiksen, Omaha, Neb., appeared on behalf of plaintiff.

Kinney & Lange, P.A. by David R. Fairbairn and Thomas J. Stueber, Minneapolis, Minn., appeared on behalf of defendants.


FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER

ALSOP, Chief Judge.

I. FINDINGS OF FACT

A. The Parties

1. Plaintiff We Care, Inc. is a corporation organized under the laws of the State of South Dakota and has a regular and established place of business at Pierre, South Dakota.

2. Plaintiff is the assignee of U.S. Letters Patent No. 4,798,916 ("the '916 patent") duly and legally issued on January 17, 1989 for an invention...

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