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DUBILIER CONDENSER & RADIO CORP. v. AEROVOX WIRELESS CORP.

No. 64.

37 F.2d 657 (1930)

DUBILIER CONDENSER & RADIO CORPORATION v. AEROVOX WIRELESS CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 13, 1930.

Attorney(s) appearing for the Case

Kenneth S. Neal, of New York City (Clifton V. Edwards, of New York City, of counsel), for appellant.

Morris Hirsch, of New York City, for appellee.

Before L. HAND, SWAN, and MACK, Circuit Judges.

MACK, Circuit Judge.

Appeal from a decree dismissing a bill for infringement of claims 3 and 8 of United States letters patent No. 1,497,095, issued June 10, 1924, to William Dubilier, and assigned by him to plaintiff, because of invalidity of the claims, and finding, moreover, noninfringement by one of defendant's devices, type 1350. The District Judge was of the opinion that the other type, No. 1250, would be an infringement, if the claims were valid. The issues...

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