Theodore R. Bergstrom and Thermograte Enterprises, Inc. v. Sears, Roebuck and Co. And Cardinal Foundry & Supply Company

Plaintiffs Theodore R. Bergstrom and Thermograte Enterprises, Inc. began an action in 4975 against Defendants Sears, Roebuck and Co. and Cardinal Foundry and Supply Company alleging patent infringement, deceptive trade practices, and unfair competition concerning the sale of fireplace grates. In their Answer the Defendants denied infringement and affirmatively pleaded the invalidity of the patent. Pursuant to Defendants’ motion and under Federal Rule of Civil Procedure 42(b), the trial court 1 ordered that the Defendants’ claim of patent invalidity under 35 U.S.C. § 102(b) be separately…