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REYNOLDS INTERNATIONAL PEN CO. v. EVERSHARP

Civil Action No. 739.

63 F.Supp. 423 (1945)

REYNOLDS INTERNATIONAL PEN CO. v. EVERSHARP, Inc., et al.

District Court, D. Delaware.

November 17, 1945.

Attorney(s) appearing for the Case

Clair J. Killoran (of Killoran & VanBrunt), of Wilmington, Del., Thurman Arnold (of Arnold & Widrup), of Washington, D. C., and Julian H. Levi and Norman Gerlach, both of Chicago, Ill., for plaintiff.

James R. Morford (of Marvel & Morford), of Wilmington, Del., and Harold T. Edwards, of New York City. for defendant Eberhard Faber.

Aaron Finger (of Richards, Layton & Finger), of Wilmington, Del., Boykin C. Wright and Garrard Winston (of Shearman & Sterling & Wright), of New York City, and Grier D. Patterson (of Winston, Strawn & Shaw), of Chicago, Ill., for defendant Eversharp, Inc.

LEAHY, District Judge.

The affidavits in support of the motion for preliminary injunction charge that defendants have falsely asserted that their two Biro patents cover all ball-bearing pens and that anyone who makes and vends such a pen infringes. Plaintiff contends the ball-pointed pen is old in the art (circa 1888) and defendants' patents cover merely containers, springs, plungers, pistons, etc. — useful in a ball-pointed pen — and that the patents...

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