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FMC CORP. v. H & K MACH., INC.

No. 88-C-365.

718 F.Supp. 1403 (1989)

FMC CORPORATION, Plaintiff, v. H & K MACHINE, INC., Defendant.

United States District Court, E.D. Wisconsin.

August 1, 1989.

Attorney(s) appearing for the Case

Krukowski & Costello by Kevin J. Kinney, Milwaukee, Wis., Niro, Scavone, Haller, Niro & Rockey, Ltd. by Raymond P. Niro and Robert Vitale, Chicago, Ill., for plaintiff.

Wheeler Law Firm by Allan B. Wheeler, Milwaukee, Wis., for defendant.

DECISION and ORDER

MYRON L. GORDON, Senior District Judge.

The litigants are competitors in the business of manufacturing and selling pea and bean harvesting machines. The plaintiff, FMC Corporation [FMC], owns a patent on a pea and bean thresher. [Patent No. 3,709,231.] In this action, the plaintiff alleged that the threshing machine produced by the defendant, H & K Machine, Inc. [H & K] infringed its patent either literally or under the doctrine...

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