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DEEP WELDING, INC. v. SCIAKY BROS., INC.

No. 16707.

417 F.2d 1227 (1969)

DEEP WELDING, INC., Plaintiff-Appellee, v. SCIAKY BROS., INC., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 24, 1969.

Attorney(s) appearing for the Case

Edmund C. Rogers, Laurence C. Kingsland, John T. Rogers, St. Louis, Mo., Russell H. Clark, Chicago, Ill., Kingsland, Rogers, Ezell, Eilers & Robbins, St. Louis, Mo., Hume, Clement, Hume & Lee, Chicago, Ill., of counsel, for appellant.

William D. Hall, Elliott I. Pollack, Washington, D. C., Thomas A. Reynolds, Jr., Winston, Strawn, Smith & Patterson, Chicago, Ill., Moore & Hall, Washington, D. C., for appellee.

Before FAIRCHILD, CUMMINGS and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff (Deep Welding) sued defendant (Sciaky) charging infringement of plaintiff's United States Patent No. 2,987,610 (Steigerwald) covering a method of welding using a controlled electron beam. Defendant asserted as affirmative defenses the invalidity of the patent, laches, and unclean hands (allegedly resulting from the establishment of a limited monopoly in unpatented electron beam welding machines by a parent corporation of plaintiff...

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