Andis Clipper Co. v. Oster Corp.

MEMORANDUM AND ORDER

WARREN, District Judge.

I. INTRODUCTION

This is a patent suit wherein the plaintiff Andis Clipper Co. (Andis) alleges infringement by the defendant Oster Corporation (Oster) of United States Patent No. 3,101,-535 belonging to Andis. That patent was granted with reference to a set of hair clipper blades with laterally extending tooth bars. Jurisdiction is grounded on 28 U.S.C. § 1338 and venue is conceded to be proper.

Only Claim 3 of the patent in suit is alleged to be infringed. Plaintiff stated in court on the record at the outset of trial that if Claim 3 is held invalid,…