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CHUN KING SALES v. ORIENTAL FOODS

No. 17882.

136 F.Supp. 659 (1955)

CHUN KING SALES, Inc., and Jeno F. Paulucci, Plaintiffs, v. ORIENTAL FOODS, Inc., Defendant.

United States District Court S. D. California, Central Division.

December 13, 1955.

Attorney(s) appearing for the Case

Williamson, Schroeder, Adams & Myers, Everett J. Schroeder, Minneapolis, Minn., and Lyon & Lyon, Lewis E. Lyon, R. Douglas Lyon, Los Angeles, Cal., for plaintiffs.

Harris, Kiech, Foster & Harris, Ford Harris, Jr., Los Angeles, Cal., for defendant.

YANKWICH, Chief Judge.

The plaintiff by this action seeks injunction and damages for patent infringement and unfair competition. 28 U.S.C.A. § 1338(a) and (b). The patent involved is No. 2,679,281, issued on May 25, 1954, to Jeno Francis Paulucci. The defendant denies infringement, challenges the validity of the patent, and, in a counterclaim, asks for a declaration of invalidity. While the original pleadings as to the cause of action for infringement related...

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