OPINION AND ORDER
CRABB, District Judge.
This suit concerns the alleged infringement of a design patent and a utility patent which were issued for the same device, an animal identification ear tag. Plaintiff, the owner by assignment of the two patents, charges Hopkins Agricultural Chemical Company, the seller of the suspect ear tags, with infringement of the design patent, United States Patent No. 229,571. Y-Tex Corporation, the manufacturer of the suspect...
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