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Civil Procedure Keyed to Friedenthal
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Russell v. Place
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The Plaintiff brought a patent infringement suit against the Defendant alleging that the Defendant had gained and profited from use, manufacture and sale of the Plaintiff’s patent in the preparation of leather. The Plaintiff sued for lost profits and an injunction to stop the Defendant. The Defendant answered with two contentions: (i) that the public had been using the procedure two years prior to Plaintiff’s patent and (ii) that the invention was novel. The Plaintiff was awarded judgment and claimed issue preclusion in the Defendant’s attempt to raise those issues in this case.
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