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CUTTER LABORATORIES v. LYOPHILE-CRYOCHEM CORP.

No. 12083.

179 F.2d 80 (1949)

CUTTER LABORATORIES, Inc. v. LYOPHILE-CRYOCHEM CORPORATION et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 30, 1950.

Attorney(s) appearing for the Case

Leonard S. Lyon, Leonard S. Lyon, Jr., Richard F. Lyon, Los Angeles, Cal., for appellant.

Theodore H. Lassagne, San Francisco, Cal. (Frank E. Barrows, Roger T. McLean, W. B. Morton, Jr., New York City, of counsel), for appellee.

Before HEALY, BONE and ORR, Circuit Judges.

ORR, Circuit Judge.

Appellees brought this action for damages for the infringement of Reichel Reissue Patent No. Re. 20,969 and Flosdorf et al., Patent No. 2,345,548. By a bill of particulars, the charge of infringement was limited to claims 6, 11, 12 and 13 of the Reichel patent, and claims 4 and 5 of the Flosdorf patent. Judgment for damages and costs was entered upon a jury verdict that each of these claims was valid and had been infringed by appellant and assessing...

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