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WELL SURVEYS, INC. v. PERFO-LOG, INC.

No. 9649.

396 F.2d 15 (1968)

WELL SURVEYS, INC., now Dresser Systems, Inc. and Dresser Industries, Inc., Appellants, v. PERFO-LOG, INC., Appellee.

United States Court of Appeals Tenth Circuit.

June 4, 1968.

Attorney(s) appearing for the Case

Rufus S. Day, Jr., Cleveland, Ohio (Richard M. Donaldson, James A. Peabody, Oklahoma City, Okl., and Robert K. Schumacher, Chicago, Ill., on the brief), for appellants.

Welton B. Whann, Los Angeles, Cal. (W. D. Hart, Pauls Valley, Okl., on the brief), for appellee.

Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Well Surveys, Inc.,1 sued appellee-defendant Perfo-Log, Inc., for infringement of the Swift Patent No. 2,554,844 and the Peterson Patent No. 2,967,994. Perfo-Log denies infringement and asserts patent misuse as a defense. The trial court granted summary judgment for Perfo-Log on the ground of misuse of the Swift patent.

This litigation is an episode in the prolonged controversy between...

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