ZENITH RADIO CORP. v. RADIO CORP. OF AMERICA

Civ. A. No. 1098.

106 F.Supp. 561 (1952)

ZENITH RADIO CORP. v. RADIO CORP. OF AMERICA et al.

United States District Court D. Delaware.

June 13, 1952.


Attorney(s) appearing for the Case

Arthur G. Connolly, Wilmington, Del., Willis H. Taylor, Jr., and R. Morton Adams, of Pennie, Edmonds, Morton, Barrows & Taylor, New York City, Burton K. Wheeler and George F. Hirmon, Washington, D. C., Irving Herriott and Francis W. Crotty, Chicago, Ill., Thomas Reddy, Washington, D. C., for plaintiff.

Caleb S. Layton, of Richards, Layton & Finger, Wilmington, Del., Stephen H. Philbin, of Fish, Richardson & Neave, John T. Cahill and John W. Nields, of Cahill, Gordon, Zachry and Reindel, William H. Davis and Brian Forrow, New York City, for defendant Radio Corp. of America.

William Prickett, Wilmington, Del., John E. F. Wood and Henry R. Ashton, of Fish, Richardson & Neave, New York City, for defendant Western Electric Co., Inc.

John J. Morris, Jr., of Hering, Morris, James & Hitchens, Wilmington, Del., Albert C. Bickford and Thomas Thacher, of Simpson, Thacher & Bartlett, New York City, for defendant General Electric Co.


LEAHY, Chief Judge.

This is an action for judgment that defendants' pooled patents be declared unenforceable against plaintiff. Defendants counterclaimed charging infringement on specific patents. In 1946 plaintiff was a licensee under defendants' patents. Plaintiff brought its first declaratory judgment suit and this particular action came at issue. Then, after the license had expired plaintiff brought its second and the present suit. A statement is made that a motion...

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