MEMORANDUM OPINION
JARVIS, District Judge.
This is an action for patent infringement and arises under the patent laws of the United States (Title 35, U.S.C.). Jurisdiction is based upon 28 U.S.C. § 1338(a) and is not in dispute. The plaintiff, Robert W. Lee (hereinafter "Lee"), is the owner of United States letters patent design number 259,142 (sometimes hereafter referred to as "D'142") for the invention of the ornamental design for a massage implement...
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