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STERLING PRODUCTS CO. v. CREST MANUFACTURING CO.

Civ. A. No. 26982.

314 F.Supp. 204 (1970)

STERLING PRODUCTS CO., Inc., Plaintiff, v. The CREST MANUFACTURING CO., and Daniel C. Larkin, Defendants.

United States District Court, E. D. Michigan, S. D.

June 18, 1970.

Attorney(s) appearing for the Case

Joseph R. Papp, Harness, Dickey & Pierce, Detroit, Mich., Marvin Jacobson, Stryker & Jacobson, St. Paul, Minn., for plaintiff.

B. Lynn Enderby, Burton & Parker, Detroit, Mich., Jerome F. Fallon, Dawson, Tilton, Fallon, Lungmus & Alexander, Chicago, Ill., for defendants.

OPINION

FREEMAN, Chief Judge.

This is a declaratory judgment action brought by Sterling Products Company, Inc., a Minnesota corporation, seeking a determination that patent No. 3,109,537, issued to defendant Daniel C. Larkin, for a removable trash receptacle to be used in an automobile, is invalid because the claimed invention was 1) obvious to one reasonably skilled in the art (35 U.S.C. § 103) and 2) on sale, in public use, or described in a printed...

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