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BERGSTEIN v. LOWMAN FOLDING BOX CORPORATION

61 F.Supp. 760 (1945)

BERGSTEIN et al. v. LOWMAN FOLDING BOX CORPORATION et al.

District Court, N. D. New York.

June 28, 1945.

Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (Marston Allen and Gibson Yungblut, both of Cincinnati, Ohio, of counsel), for plaintiffs.

Carlson, Pitzner, Hubbard & Wolfe, of Chicago, Ill., and Ball & Ball, of Utica, N. Y. (Richard Russell Wolfe, of Chicago, Ill., and Donald J. Ball, of Utica, N. Y., of counsel), for defendants.

BRYANT, District Judge.

Plaintiffs claim infringement of claims 15, 18, 24 and 34 of Anderson Patent No. 2,197,089, which defines, with varying degree of particularity, a machine for folding paper boxes. Defendant Staude Company is a manufacturer of machines for making paper boxes. It manufactured and sold to defendant, Lowman Folding Box Corporation, the accused machine and is defending this suit. The defenses are noninfringement, invalidity because of lack of invention...

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