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NATIONAL PRESTO INDUSTRIES v. BLACK & DECKER

No. 89 C 8978.

760 F.Supp. 699 (1991)

NATIONAL PRESTO INDUSTRIES, INC., Plaintiff, v. BLACK & DECKER (U.S.) INC., Defendant, and Better Mousetraps, Inc., Third-Party Defendant.

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

March 22, 1991.

Attorney(s) appearing for the Case

Gomer Winston Walters, Wood, Phillips, Mason, Recktenwald & Van Santen, Joseph A. Grear, Law Offices of Rolf Stadheim, Ltd., Chicago, Ill., for National Presto Industries, Inc.

Raymond P. Niro, Niro, Scavone, Haller & Niro, Ltd., Chicago, Ill., for Black & Decker (U.S.) Inc.

William Luciano Niro, Niro, Scavone, Haller & Niro, Ltd., Chicago, Ill., George P. Hoare, Jr., Hedman, Gibson, Costigan & Hoare, P.C., New York City, for Better Mousetraps, Inc.

MEMORANDUM OPINION

WILL, District Judge.

Pending are two pretrial motions: (1) Black & Decker and Better Mousetraps have moved to bar National Presto from seeking or recovering damages based upon a reasonable royalty; (2) National Presto has moved to strike two of Black & Decker's affirmative defenses from its second amended answer. The first motion will be entered and continued, as discussed in the opinion below; the second motion is granted.

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