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TORO CO. v. McCULLOCH CORP.

Civ. No. 3-94-664.

898 F.Supp. 679 (1995)

The TORO COMPANY, Plaintiff, v. McCULLOCH CORPORATION and Shop-Vac Corporation, Defendants.

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

May 10, 1995.

Attorney(s) appearing for the Case

Earl D. Reiland, David K. Tellekson and J. Derek Vandenburgh, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, Minnesota, for Plaintiff.

Edward M. O'Toole, Robert M. Gerstein and Danielle M. Johnston, Marshall, O'Toole, Gerstein, Murray & Borun, Chicago, Illinois, and of counsel Jeannine L. Lee and Scott M. Rusert, Cosgrove, Flynn & Gaskins, Minneapolis, Minnesota, for Defendants.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Plaintiff The Toro Company ("Toro") commenced this action against Defendants McCulloch Corporation and Shop-Vac Corporation (collectively "McCulloch") alleging McCulloch infringed upon its patent for a portable power blower/vacuum (the "'528 patent"). McCulloch's Answer and Counterclaim denied infringement and raised affirmative defenses of patent invalidity and unenforceability. This...

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