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SILVEY v. NIELSEN CORPORATION

Civ. Nos. 68-594, 68-702, 69-41.

315 F.Supp. 211 (1970)

Katherine A. SILVEY and Elmer R. Silvey, Plaintiffs, v. NIELSEN CORPORATION, an Oregon corporation, and Leo Nielsen, Defendants. Katherine A. SILVEY and Elmer R. Silvey, Plaintiffs, v. Ed ELMER and Thomas J. Patterson, Defendants. Katherine A. SILVEY and Elmer R. Silvey, Plaintiffs, v. Floyd A. ARNESON, Defendants.

United States District Court, D. Oregon.

February 24, 1970.

Attorney(s) appearing for the Case

Tooze, Powers, Kerr, Tooze & Peterson, Lamar Tooze, Jr., Eugene M. Eckelman, Buckhorn, Blore, Klarquist & Sparkman, Stephen W. Blore, Portland, Or., for plaintiffs.

Kolisch & Hartwell, J. Pierre Kolisch, M. H. Hartwell, Jr., Portland, Or., for defendants.

OPINION

ALFRED T. GOODWIN, District Judge:

Three patent infringement actions have been consolidated in this case for a threshold determination of the validity of the plaintiff's patent.

On October 31, 1967, United States Letters Patent No. 3,349,645 were issued to Elmer R. Silvey for an invention called a "Saw Chain Grinding Machine."

The defendants have presented two principal challenges to the validity of the Silvey patent: (1) that Silvey...

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