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CONSOLIDATED WORLD HOUSEWARES, INC. v. FINKLE

No. 86 C 8686.

662 F.Supp. 389 (1987)

CONSOLIDATED WORLD HOUSEWARES, INC., Plaintiff, v. Gerald A. FINKLE, Jack D. Bankier, Kenneth J. Muderlak, and Bankier Companies, Inc., Defendants.

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

February 25, 1987.

Attorney(s) appearing for the Case

Stanley J. Adelman, Rudnick & Wolf, Chicago, Ill., for plaintiff.

Timothy J. McGonegle/Peter J. Miller, Ashcraft & Ashcraft, Chicago, Ill., for defendant Finkle.

Dennis A. Gross, Hall, Van Santen, Steadman, & Simpson, Chicago, Ill., for defendants Bankier, Muderlak, and Bankier Companies, Inc.

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

The plaintiff is the owner of rights under two patent applications covering substantially the same subject matter. Faced with the prospect of paying royalties under both assignments, as well as the possibility of proceeding under a false application in the Patent and Trademark Office ("PTO"), the plaintiff asks this court to declare the true creator or creators of the invention underlying the applications...

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