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JUNGERSEN v. BADEN

69 F.Supp. 922 (1947)

JUNGERSEN v. BADEN et al. (AXEL BROS., Inc., et al., Intervenors).

District Court, S. D. New York.

February 7, 1947.

Attorney(s) appearing for the Case

Drury W. Cooper and John N. Cooper, both of New York City, and Karl W. Flocks, of Washington, D. C., for plaintiff.

Fish, Richardson & Neave, of New York City (John Vaughan Groner, and Robert B. Whittredge, both of New York City, of counsel), for defendants.

RIFKIND, District Judge.

In this patent infringement suit plaintiff seeks judgment for damages, profits and injunctive relief. The answers put in issue both validity and infringement and contain counterclaims for declaratory judgment adjudicating the validity of the patent.

The patent in suit is No. 2,118,468 issued to plaintiff on May 24, 1938, on an application filed September 28, 1934. It contains six claims of which the first five relate to a method of...

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