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MALLINCKRODT CHEMICAL WORKS v. E. R. SQUIBB & SONS

No. 1287.

6 F.Supp. 173 (1932)

MALLINCKRODT CHEMICAL WORKS v. E. R. SQUIBB & SONS.

District Court, W. D. Missouri, W. D.

October 1, 1932.

Attorney(s) appearing for the Case

Frank Y. Gladney and Rippey & Kingsland, all of St. Louis, Mo., and Hale Houts, of Kansas City, Mo., for plaintiff.

W. Brown Morton and E. H. Merchant, both of New York City, and C. W. German, of Kansas City, Mo., for defendant.

REEVES, District Judge.

This is a suit for an alleged infringement of United States patent No. 1,370,865, granted March 8, 1921, to Frederick Westerbeck, but now owned by plaintiff, Mallinckrodt Chemical Works, a corporation.

The bill seeks an injunction against the defendant and prays for an accounting of profits.

The defendant, on its part, denies infringement, challenges the validity of the patent for lack of invention, in view of the prior state...

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