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CLOPAY CORP. v. NEWELL COMPANIES, INC.

Civ. A. Nos. 81-110, 81-124.

527 F.Supp. 733 (1981)

CLOPAY CORPORATION, a corporation of the State of Maryland, Plaintiff, v. NEWELL COMPANIES, INC., a corporation of the State of Delaware, Defendant. CLOPAY CORPORATION, a corporation of the State of Maryland, Plaintiff, v. GRABER INDUSTRIES, INC., a corporation of the State of Delaware, Defendant.

United States District Court, D. Delaware.

November 23, 1981.

Attorney(s) appearing for the Case

William J. Wier, Jr., of Bader, Dorsey & Kreshtool, Wilmington, Del., of counsel; David J. Josephic, and J. Robert Chambers, of Wood, Herron & Evans, Cincinnati, Ohio, for plaintiff.

E. Norman Veasey, and Robert H. Richards, III, of Richards, Layton & Finger, Wilmington, Del., of counsel; James G. Staples, of Baker & McKenzie, Chicago, Ill., for defendant Newell Companies, Inc.

Januar D. Bove, Jr., of Connolly, Bove & Lodge, Wilmington, Del., of counsel; Walther E. Wyss, Robert L. Rohrback, and Joseph Krieger, of Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill.; Vernon J. Pillote, Rockford, Ill., for defendant Graber Industries, Inc.

OPINION

CALEB M. WRIGHT, Senior District Judge.

I. BACKGROUND

In March of 1981, Clopay Corporation ("Clopay") filed suit against Newell Companies, Inc. ("Newell") and against Graber Industries, Inc. ("Graber"). Both suits allege infringement of patents held by Clopay and relating to adjustable window shades. The patents in dispute in these cases disclose features by which customers can themselves adjust the shades to fit their windows. Until recently...

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