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eBook details

• Title: Reddi-Wip v. Lemay Valve Company
• Author : St. Louis District Missouri Court of Appeals
• Release Date : January 20, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Plaintiffs brought this action in equity seeking an injunction to restrain the defendants from making, using or selling certain
dispensing valves, for an accounting, and for other relief. On April 30, 1958, the court entered an interlocutory decree by
which the defendants were enjoined, an accounting was ordered, and a Special Master appointed to take the same. On November
12, 1959, plaintiffs waived the accounting, and the interlocutory decree became a final judgment from which the defendants
appealed. While the interlocutory decree was still in effect plaintiffs, on September 25, 1959, filed a motion alleging that
the defendants and the additional defendants had violated it by manufacturing and selling such valves, and asking that they
be cited for contempt. A hearing was held on November 12, 1959, and on February 24, 1960, the court entered its order finding
the defendants and the additional defendants guilty of contempt, and assessing fines against them in varying amounts. After
unavailing after-trial motions, the defendants and additional defendants duly appealed. By agreement of all parties the appeals
were consolidated for briefing and argument. The valves which are the subject of this litigation are those frequently found in pressurized containers of fluffed products,
such as whipped cream and shaving cream, the contents being dispensed when the tube or stem is tilted sideways. The idea for
such a valve originated with Aaron S. Lapin as early as 1942. In 1947, Lapin, assisted first by an engineer named Tomasek,
and subsequently by defendant Fred Suellentrop, Sr., the president and owner of defendant Lemay Machine Co., began the development
of what will be referred to as the Tomasek valve, the first of which was satisfactorily assembled about February 1948. The
component parts of the Tomasek valve consisted of a container top or mounting cap; a tubular, tiltable stem, having a valve
head at the lower end; a rubber grommet or seal; and a metal spring designed to restore the stem to an upright position when
the sideways pressure applied to tilt it was removed. An application for a patent was applied for in Tomasek's name on September
27, 1948, all interest in the invention was assigned to plaintiff Reddi-Wip, Inc., a corporation formed by Lapin and his associates,
and that company became and is the owner of the patent on the Tomasek valve, No. 2,615,597, which was issued on October 28,
1952.

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