DYMO INDUSTRIES, INC. v. COM-TECH, INC.

Nos. 21533, 21534.

391 F.2d 335 (1968)

DYMO INDUSTRIES, INC., Appellant, v. COM-TECH, INC., Appellee. DYMO INDUSTRIES, INC., Appellant, v. AVERY PRODUCTS CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

January 17, 1968.


Attorney(s) appearing for the Case

No. 21533:

Carl Hoppe (argued), San Francisco, Cal., Harris Zimmerman, Oakland, Cal., for appellant.

Ashley Stewart Orr, Kendrick, Subkow & Stolzy, Los Angeles, Cal., for appellee Com-Tech, Inc.; Thomas F. Reddy, Jr., Keith E. Mullenger, Pennie, Edmonds, Morton, Taylor & Adams, New York City, of counsel.

No. 21534:

Hoppe, Mitchell, Murtha & Anderson, San Francisco, Cal., Gardner & Zimmerman, Oakland, Cal., for appellant.

Christie, Parker & Hale, Andrew J. Belansky, John F. Powell, Pasadena, Cal., for appellee, Avery Products Corp.

Before BARNES and JERTBERG, Circuit Judges, and McNICHOLS, District Judge.


BARNES, Circuit Judge:

Dymo Industries, Inc. herein appeals from two judgments rendered by the District Court for the Central District of California in related patent actions. The two suits were consolidated for trial concerning the validity of the patents in question. No. 21533 — an infringement action — was heard by the district court pursuant to 28 U.S.C. §§ 1338(a), 1400 (b) (1964), and No. 21534 was a declaratory judgment action authorized...

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