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KINNINGER v. SAM W. EMERSON CO.

Civil Action No. 21050.

62 F.Supp. 545 (1945)

KINNINGER et al. v. SAM W. EMERSON CO.

District Court, N. D. Ohio, E. D.

July 3, 1945.

Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (John W. Meyer, of Hyde & Meyer, all of Cleveland, Ohio, of counsel), for plaintiffs.

B. M. Kent and A. J. Hudson (of Kwis, Hudson, Boughton & Williams), all of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

This is a patent infringement suit based on claims 8, 20, 21, and 22 of Kinninger patent 2,245,559. It was admitted at time of trial that the defense was being conducted by J. Edward Ogden Co. of New York, manufacturer of the accused tie rods. The usual defenses of invalidity and non-infringement are relied on. The defendants base their defense of invalidity upon (a) no invention, and anticipation; (b) failure to define, as required by Section...

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