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AVERY v. EVER READY LABEL CORP.

Civ. No. 989.

104 F.Supp. 913 (1952)

AVERY et al. v. EVER READY LABEL CORP.

United States District Court D. New Jersey.

May 16, 1952.

Attorney(s) appearing for the Case

Harry B. Rook, Newark, N. J., Oscar A. Mellin, San Francisco, Cal., for plaintiffs.

Crummy & Consodine, Newark, N. J., Maxwell James, New York City, for defendant.

MODARELLI, District Judge.

Adhesive Development Co., owner by assignment of Avery Patent No. 2,304,787 for Nondrying Adhesive Labels and Methods and Apparatus for Making Same, brings this suit for infringement against the Ever Ready Label Corporation. The plaintiff limited the charges of infringement to claims 5, 6, 7, 8, 9, and 10 of the patent by stipulation at the pre-trial conference.

In every patent suit, two questions confront the court: "Is the patent...

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