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NORDALE, INC. v. SAMSCO, INC.

Civ. No. 4-91-598.

830 F.Supp. 1263 (1993)

NORDALE, INC., a Minnesota corporation, Plaintiff, v. SAMSCO, INC., a New Hampshire corporation, and Sam Travis, an individual, Defendant.

United States District Court, D. Minnesota, Fourth Division.

August 23, 1993.

Attorney(s) appearing for the Case

Norman P. Friederichs, Joseph R. Kelly, Kinney & Lange, Minneapolis, MN, for plaintiff.

Donald Chance Mark, Jr., Kerrylee M. Evensen, Meagher & Geer, Minneapolis, MN, Norman P. Soloway, Steven J. Grossman, Hayes Soloway Hennessey & Hage, Robert C. Dewhirst, Devine Millimet & Branch, Manchester, NH, for defendant.

DOTY, District Judge.

This matter is before the court on the parties' cross-motions for summary judgment. Based on a review of the file, record and proceedings herein, the court grants in part and denies in part the plaintiff's motion and grants the defendants' motion.

BACKGROUND

Plaintiff Nordale, Inc. ("Nordale") owns U.S. Patent 4,534,828 ("'828 patent").1 The '828 patent describes a device ("Nordale Fluid Eliminator...

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