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PORTER v. FARMERS SUPPLY SERVICE, INC.

Civ. A. No. 84-527 CMW.

617 F.Supp. 1175 (1985)

Florence PORTER, Executrix of the Estate of Wellington W. Porter, and Porterway Harvester Manufacturing Company, Inc., Plaintiffs, v. FARMERS SUPPLY SERVICE, INC., Defendant.

United States District Court, D. Delaware.

August 7, 1985.

Attorney(s) appearing for the Case

Arthur G. Connolly, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Del. (Charles S. McGuire, Syracuse, N.Y., of counsel), for plaintiffs.

Donald F. Parsons, Jr., and Jack B. Blumenfeld, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This action for patent and trademark infringement arises out of Farmers Supply Service's (hereinafter "Farmers Supply") sale of replacement disks (or puller blades) for Porterway Tomato Harvesters which are manufactured by Porterway Harvester Manufacturing Co. (hereinafter "Porterway"). The patent in question—Patent No. 3,999,613 (hereinafter "'613 patent")—was issued to Wellington Porter under...

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