NATIONAL DAIRY PRODUCTS CORPORATION v. BORDEN COMPANY

Nos. 63-C-74, 63-C-113, 63-C-114, 63-C-116, 63-C-117.

261 F.Supp. 771 (1966)

NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. The BORDEN COMPANY and Hayssen Manufacturing Company, Defendants. NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. SAFEWAY STORES, INCORPORATED and Hayssen Manufacturing Company, Defendants. NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. FRIGO BROTHERS CHEESE CORPORATION and Hayssen Manufacturing Company, Defendants. NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. L. D. SCHREIBER & CO., Inc., L. D. Schreiber Cheese Company, Inc., and Hayssen Manufacturing Company, Defendants. NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. CONCORD CHEESE CORPORATION and Hayssen Manufacturing Company, Defendants.

United States District Court E. D. Wisconsin.

As Amended November 30, 1966.


Attorney(s) appearing for the Case

Edwin M. Luedeka, C. Lee Cook, Jr., Donald W. Carlin, Joseph V. Giffin, Chicago, Ill., Paul R. Puerner, Milwaukee, Wis., for plaintiff.

Charles F. Meroni, Charles F. Meroni, Jr., Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., Curtis B. Morsell, Milwaukee, Wis., for defendants The Borden Company, Hayssen Manufacturing Company, Safeway Stores, Inc., Frigo Brothers Cheese Corporation and Concord Cheese Corporation.

Herman J. Gordon, Jack Shore, Chicago, Ill., Steven E. Keane, Milwaukee, Wis., for defendants L. D. Schreiber & Co., Inc. and L. D. Schreiber Cheese Company, Inc.


OPINION AND ORDER

GRUBB, Senior District Judge.

These actions arise under the patent laws of the United States, Title 35 U.S. C.A. Sections 271, 281 et seq. The parties have stipulated to jurisdiction and venue. On motion of the plaintiff the court ordered consolidation of the suits. Consolidated trial was limited solely to the issue of the validity of the patent in suit.

Plaintiff, National Dairy Products Corporation, a Delaware corporation, has...

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