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BROOKFIELD ATHLETIC SHOE v. CHICAGO ROLLER SKATE

No. 83 C 5301.

607 F.Supp. 241 (1984)

BROOKFIELD ATHLETIC SHOE COMPANY, INC., Plaintiff, v. CHICAGO ROLLER SKATE COMPANY and Red Stone Enterprise Company, Ltd., Defendants.

United States District Court, N.D. Illinois, E.D.

November 27, 1984.

Attorney(s) appearing for the Case

J. William Hayton, Bell, Boyd & Lloyd, Chicago, Ill., John N. Williams, Frank P. Porcelli, Timothy A. French, Fish & Richardson, Boston, Mass., for plaintiff.

Richard Bushnell, Trexler, Bushnell & Wolters, Ltd., Chicago, Ill., for respondent.

ORDER

BUA, District Judge.

This cause is before the Court on the motion of defendants Chicago Roller Skate Company ("Chicago") and Red Stone Enterprise Company, Ltd., for summary judgment on the ground that (1) Chicago's roller skate, Exhibit 17, does not infringe the design patent in suit, U.S. Patent Des. No. 261,542, owned by the plaintiff Brookfield Athletic Shoe Company, Inc.; (2) the patent in suit, No. 261,542, is invalid for the reasons enumerated...

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