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SPERRY RAND CORPORATION v. TEXAS INSTRUMENTS INC.

No. 19866.

335 F.2d 922 (1964)

SPERRY RAND CORPORATION, Appellant, v. TEXAS INSTRUMENTS INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 12, 1964.

Attorney(s) appearing for the Case

Walter H. Free, New York City, Stanley E. Neely, Dallas, Tex., Frank W. Ford, Jr., John F. Neary, Jr., New York City, for appellant.

Richard K. Stevens, Robert F. Davis, John H. Lewis, Jr., Washington, D. C., Sol Goodell, Richard E. Gray, Samuel McPherson Mims, Jr., Dallas, Tex., for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and CHRISTENBERRY, District Judge.

HUTCHESON, Circuit Judge.

Plaintiff-appellant Sperry Rand Corporation1 brought this action for patent infringement against Texas Instruments Inc. The district court filed an able opinion2 and extensive findings of fact and law. He dismissed the action, adjudging the claim in issue invalid and not infringed.

The claim alleged infringed is for a germanium alloy rectifier and reads as follows:

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