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BERGSTROM v. SEARS, ROEBUCK AND CO.

Civ. No. 3-75-248.

532 F.Supp. 923 (1982)

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

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

February 25, 1982.

Attorney(s) appearing for the Case

Lawrence C. Brown and Steven C. Schroer, Faegre & Benson and Douglas J. Williams and John D. Gould, Merchant, Gould, Smith, Edell, Welter & Schmidt, P. A., Minneapolis, Minn., for plaintiff.

Thomas V. Koykka, Arter & Hadden, Cleveland, Ohio, and Charles E. Steffey, Schroeder, Siegfried, Ryan, Vidas, Steffey & Arrett, Minneapolis, Minn., for defendant Cardinal American Corp.

MEMORANDUM INCORPORATING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT

MacLAUGHLIN, District Judge.

This action for patent infringement is before the Court for the third time. The matter first came before the Court for a determination of the issue of whether the patent involved, United States Design Patent No. 228,728, was invalid pursuant to 35 U.S.C. § 102(b). The Court held that the patent was not invalid and dismissed the defendants...

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