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BARIE v. SUPERIOR TANNING CO.

No. 46 C 1656.

81 F.Supp. 112 (1948)

BARIE v. SUPERIOR TANNING CO.

United States District Court N. D. Illinois, E. D.

November 29, 1948.

Attorney(s) appearing for the Case

Barnes, Kisselle, Laughlin & Raisch, of Detroit, Mich., Soans, Pond & Anderson and William E. Anderson, all of Chicago, Ill. (John M. Kisselle and Robert A. Choate, both of Detroit, Mich., of counsel), for plaintiff.

Brown, Jackson, Boettcher & Dienner, of Chicago, Ill., Charles H. Howson, Sr., and Charles H. Howson, Jr., both of Philadelphia, Pa., and Edward C. Grelle, of Chicago, Ill., for defendant.

CAMPBELL, District Judge.

This action involves the validity and infringement of Claims 3 and 4 of Patent No. 1,751,464 issued to Walter A. Beck in 1930, and of Claims 2-6 of Patent No. 2,102,667 issued to George M. Argabrite in 1937. Plaintiff holds title to the two patents as trustee. Defendant set up three defenses to the complaint, namely (a) Lack of infringement; (b) Invalidity of the patents on the grounds of prior art and lack of invention; (c) Misuse of the...

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