SPERRY RAND CORP. v. BELL TELEPHONE LABORATORIES, INC.

No. 244, Docket 27908.

317 F.2d 491 (1963)

SPERRY RAND CORPORATION, John Presper Eckert, Jr., and John W. Mauchly, Plaintiffs-Appellees, v. BELL TELEPHONE LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 10, 1963.


Attorney(s) appearing for the Case

Harry R. Pugh, Jr., New York City (Henry R. Ashton and William F. Simpson, New York City, on the brief), for appellant.

C. Blake Townsend, of Byerly, Townsend, Watson & Churchill, New York City (Carroll G. Harper, Robert E. Kosinski, New York City, of counsel; John P. Dority and Henry Turin, New York City, on the brief), for appellees.

Before MOORE, HAYS and MARSHALL, Circuit Judges.


HAYS, Circuit Judge.

Plaintiffs brought this action under Section 146 of the Patent Statutes (35 U.S.C. § 146),1 to review a decision of the Board of Patent Interferences determining the issue of priority of invention in favor of the defendant. The district court reversed the decision of the Board and authorized the Commissioner of Patents to issue a patent to the plaintiffs. For the reasons...

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