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MINNESOTA MIN. & MFG. CO. v. FELLOWES MFG. CO.

No. Civ. 98-1667 PAM/JGL.

76 F.Supp.2d 972 (1999)

MINNESOTA MINING & MANUFACTURING COMPANY, Plaintiff, v. FELLOWES MANUFACTURING COMPANY, Defendant.

United States District Court, D. Minnesota.

November 23, 1999.

Attorney(s) appearing for the Case

David K. Tellekson, J. Derek Vandenburgh, Jonelle R. Witt, Merchant & Gould, Minneapolis, MN, Terryl K. Qualey, Carolyn V. Peters, Michaele A. Hakamaki, St Paul, MN, for Minnesota Mining and Manufacturing Company, plaintiff.

Jack C. Berenzweig, Mark H. Remus, G. Peter Nichols, Brinks Hofer Gilson & Lione, Chicago, IL, Daniel E. Gustafson, Karla Marie Gluek, Heins Mills & Olson, Minneapolis, MN, for Fellowes Manufacturing Company, defendant.

MEMORANDUM AND ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon Cross Motions for Summary Judgment. For the reasons set forth below, the Plaintiff's Motion for Summary Judgment is granted and the Defendant's Motion for Summary Judgment is denied.

BACKGROUND

Plaintiff Minnesota Mining & Manufacturing Company ("3M") owns U.S. Patent Number 5,713,544 ("the Wolf patent"), which is directed toward an elastomeric

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