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RODGARD CORP. v. MINER ENTERPRISES, INC.

No. 84-CV-0397E(M).

914 F.Supp. 907 (1995)

RODGARD CORPORATION and Estate of Mason C. Winfield, Plaintiffs, v. MINER ENTERPRISES, INC. and David G. Anderson, Defendants.

United States District Court, W.D. New York.

December 29, 1995.

Attorney(s) appearing for the Case

Jeremiah J. McCarthy, Phillips, Lytle, Hitchock, Blaine & Huber, Buffalo, NY, for Plaintiff.

Dorsey L. Baker, Lubbock, TX, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

ELFVIN, District Judge.

Plaintiffs Rodgard Corporation ("Rodgard") and its erstwhile employee Winfield brought this action requesting either that United States Patent No. 4,198,037 ("The Patent") be corrected as a result of the defendants' failure to comply with the joint-inventorship provisions of 35 U.S.C. § 116 or that a certificate issue declaring Winfield — who died December 16, 1992 —...

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