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PAPER MATE MANUFACTURING CO. v. W. A. SHEAFFER PEN CO.

Civ. No. 3-624-D.

248 F.Supp. 665 (1965)

PAPER MATE MANUFACTURING COMPANY and the Paper Mate Company, Plaintiffs, v. W. A. SHEAFFER PEN COMPANY, Defendant.

United States District Court S. D. Iowa, Davenport Division.

As Amended March 18, 1965.

Attorney(s) appearing for the Case

Sherwin J. Markman, Des Moines, Iowa, Henry R. Ashton and Henry J. Zafian, New York City, Philip Colman, Boston, Mass., for plaintiffs.

E. H. Pollard, Fort Madison, Iowa, Fred T. Williams, Thomas E. Smith, Chicago, Ill., for defendant.

STEPHENSON, Chief Judge.

This matter is now before the Court upon plaintiff's motion for summary judgment of non-infringement of Henriksen Patent No. 2,678,634, entitled "Writing Instruments," issued May 18, 1954. Appropriate briefs and supporting documents have been filed by both parties and a hearing upon plaintiff's motion has been held.1

The defendant, W. A. Sheaffer Pen Company, secured a license for the Henriksen patent from...

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