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TRIMBLE PRODUCTS INCORPORATED v. W. T. GRANT COMPANY

No. 64 Civ. 637.

283 F.Supp. 707 (1968)

TRIMBLE PRODUCTS INCORPORATED, Plaintiff, v. W. T. GRANT COMPANY and Sears Roebuck & Co., Defendants.

United States District Court S. D. New York.

March 21, 1968.

Attorney(s) appearing for the Case

Morgan, Finnegan, Durham & Pine, New York City, for plaintiff.

Bader & Bader, New York City, for defendant.

OPINION

MOTLEY, District Judge.

This patent infringement action was instituted by plaintiff, Trimble Products Incorporated, the owner of two United States Letters Patent relating to playpens for babies. Jurisdiction is predicated on 28 U.S.C. § 1338(a). The relief sought is the usual request for injunction and damages.

The first patent, # 2,908,021, the utility patent, describes the structure of the playpen.1 It...

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