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LA MAUR, INC. v. DeMERT & DOUGHERTY, INC.

No. 62 C 1972.

265 F.Supp. 961 (1965)

LA MAUR, INC., Plaintiff, Counter-Defendant, v. DeMERT & DOUGHERTY, INC., and Aeropak N. J. Incorporated, Defendants, Counter-Plaintiff.

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

November 23, 1965.

Attorney(s) appearing for the Case

Leonard, Street & Deinard, Minneapolis, Minn., Bair, Freeman, & Molinaire, Chicago, Ill., of counsel, for plaintiff.

R. Howard Goldsmith, Ernest Cheslow, Chicago, Ill., for defendants.

SUMMARY

MEMORANDUM OPINION

MAROVITZ, District Judge.

After extensive review of the cumbersome briefs and records herein, I have concluded, as did the Eighth Circuit, that the Spiegel Patent is invalid. I am unable to accept plaintiff's major theory that the functions of setting lotions and hair sprays are so divergent as to make plaintiff's "invention" a sufficient advance over the prior art as developed in the Janistyn reference. That is, Janistyn...

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