ERIE RESISTOR CORPORATION v. UNITED STATES

No. 147-56.

299 F.2d 950 (1962)

ERIE RESISTOR CORPORATION and Clevite Corporation v. The UNITED STATES.

United States Court of Claims.

Decided March 7, 1962.


Attorney(s) appearing for the Case

John S. Walker, Washington, D. C., for plaintiffs. Ralph Hammar, Erie, Pa., Harry C. Page, Cleveland, Ohio, and Miles D. Pillars, Washington, D. C., were on the briefs.

Michael W. Werth, Washington, D. C., and William P. Cassedy, Washington, D. C., with whom was Asst. Atty. Gen., William H. Orrick, Jr., for defendant.


PER CURIAM.

On June 8, 1960 we held the patent in suit to be valid and that it had been infringed by defendant. We also held that plaintiffs are entitled to recover, and we remanded the case to the Trial Commissioner under Rule 38(c), Court of Claims, 28 U.S.C.A., to determine the amount plaintiffs are entitled to recover. Defendant now presents to us a motion to authorize and direct the Trial Commissioner to hear testimony on its defense of misuse of the patent....

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