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SMITH INTERN., INC. v. KENNAMETAL, INC.

No. C81-273.

646 F.Supp. 16 (1985)

SMITH INTERNATIONAL, INC., et al., Plaintiffs, v. KENNAMETAL, INC., Defendant.

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

October 29, 1985.

Attorney(s) appearing for the Case

Daniel J. Sammon, Lowell L. Heinke, Watts, Hoffmann, Fisher & Heinke Co., L.P.A., Cleveland, Ohio, John Kurcz, Kane, Dalismer, Kane, Sullivan & Jurucz, New York City, for plaintiffs.

Charles R. Rust, Elaine Harmon, Woodling, Krost & Rust, Cleveland, Ohio, Albert L. Jeffers, Robert G. Irish, Gust, Irish, Jeffers & Hoffman, Fort Wayne, Ind., for defendant.

MEMORANDUM OPINION

DOWD, District Judge.

Before the Court is the defendant's motion for partial summary judgment against the plaintiffs under Fed.R.Civ.P. 56(c). Defendant argues that plaintiffs' United States Letters Patent No. 4,201,421 is invalid under 35 U.S.C. § 102(b) on grounds that "[t]here was a public use or sale in this country of the wear sleeve bit claimed in the '421 patent prior to [the date the patent application was filed]." See...

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