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HAMILTON LABORATORIES v. MASSENGILL

No. 159.

25 F.Supp. 464 (1938)

HAMILTON LABORATORIES, Inc., v. MASSENGILL.

District Court, E. D. Tennessee.

November 8, 1938.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City, and D. C. Webb, of Knoxville, Tenn., for plaintiff.

Watson, Bristol, Johnson & Leavenworth, of New York City, and Frank W. DeFriece, of Bristol, Tenn., for defendant.

TAYLOR, District Judge.

The bill charges direct and contributory infringement of United States Patent No. 2,014,676 issued to plaintiff by assignment of Lyle A. Weed, September 17, 1935, based on an application filed November 19, 1934. Plaintiff relies upon claims 5, 7 and 8 as basis for the charges of direct infringement, and upon method claims 1, 3 and 4 for the basis of charges of contributory infringement.

The pertinent claims are:

"1. The method...

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