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KEMART CORP. v. PRINTING ARTS RESEARCH LABORATORIES

No. 12948.

201 F.2d 624 (1953)

KEMART CORP. v. PRINTING ARTS RESEARCH LABORATORIES, Inc.

United States Court of Appeals Ninth Circuit.

January 26, 1953.

Attorney(s) appearing for the Case

Henry Gifford Hardy, Wm. M. Maxfield and Carl Hoppe, San Francisco, Cal., for appellant.

Lyon & Lyon, Leonard S. Lyon and Richard F. Lyon, Los Angeles, Cal., for appellee.

Before STEPHENS, HEALY and BONE, Circuit Judges.

BONE, Circuit Judge.

Appellant brought an action against appellee for a declaratory judgment establishing that appellee's Letters Patent No. 2,191,939 were invalid and not infringed by appellant.1 Appellee filed a counterclaim charging infringement of all 12 claims of the patent except claims 5 and 7 and demanding an injunction and an accounting for profits and damages. On trial the lower court found that all claims of the patent were...

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