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TEMPLETON PATENTS, LTD. v. SIMPLOT COMPANY

Nos. 18899, 18900.

336 F.2d 261 (1964)

TEMPLETON PATENTS, LTD., Plaintiff-Appellant, v. J. R. SIMPLOT COMPANY, Defendant-Appellee (two cases).

United States Court of Appeals Ninth Circuit.

September 4, 1964.

Attorney(s) appearing for the Case

W. Brown Morton, Jr., John T. Roberts, Washington, D. C., William H. Langroise, Langroise, Clark & Sullivan, Boise, Idaho, Pennie, Edmonds, Morton, Taylor & Adams, New York City, for appellant.

Edward B. Beale, Robert A. Doherty, Washington, D. C., Jess B. Hawley, Jr., Boise, Idaho, Beale & Jones, Washington, D. C., Lloyd E. Haight, Hawley, Troxell, Ennis & Hawley, Boise, Idaho, for appellee.

Before POPE, HAMLEY and MERRILL, Circuit Judges.

MERRILL, Circuit Judge:

Appellant has brought two suits against appellee in the District Court for the District of Idaho: one for infringement of three United States patents owned by appellant; the other for breach of an alleged contract licensing use of the patents, or, in the alternative, for damages in quasi-contract on the theory of unjust enrichment. The suits were consolidated for trial. This appeal is from judgment of the District Court in favor of appellee...

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