United States District Court, Northern District of Illinois, E.D
March 22, 1955
WILLIAM BALTZ, ETC., ET AL., PLAINTIFFS,
THE FAIR, ETC., ET AL., DEFENDANTS. WILLIAM BALTZ, ETC., ET AL., PLAINTIFFS, V. MARQUETTE WOOD PRODUCTS COMPANY, A CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Knoch, District Judge.
This matter came on to be heard on defendants' motion for
summary judgment. The Court has carefully considered the record,
with particular attention to the original and re-issue patents
concerned herein; has had the benefit of argument of counsel,
presented orally and on briefs; and is fully advised in the
A study of the patents indicates that the re-issue patent does
not claim a device not covered by the claim of the original
patent, nor does it present new concepts not disclosed by the
It is the considered opinion of the Court that a genuine issue
of fact does exist here as to whether the original patent covered
the accused devices, and that the motion for summary judgment
must be denied.
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