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BERGSTROM v. SEARS, ROEBUCK AND CO.

No. Civil 3-75-248.

496 F.Supp. 476 (1980)

Theodore R. BERGSTROM, Plaintiff, v. SEARS, ROEBUCK AND CO. and Cardinal American Corporation, Defendants.

United States District Court, D. Minnesota, Third Division.

July 17, 1980.

Attorney(s) appearing for the Case

John D. Gould and Douglas J. Williams, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, Minn., for plaintiff.

Jon O. Nelson, Timothy J. Malloy and Mark T. Banner, Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill., Charles E. Steffey, Schroeder, Siegfried, Ryan, Vidas, Steffey & Arrett, P.A., Minneapolis, Minn., and Gerald S. Schur, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill. (of counsel for Sears, Roebuck & Co.), for defendants.

MEMORANDUM AND ORDER INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW

MacLAUGHLIN, District Judge.

This patent infringement action was initiated by plaintiff in 1975 against defendants Sears, Roebuck and Co. and Cardinal American Corporation. In 1978, after defendants requested a separate trial on the validity of the Bergstrom patent under 35 U.S.C. § 102(b), this Court and the Court of Appeals concluded that the patent was not invalid under that...

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