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XEROX CORPORATION v. NASHUA CORPORATION

No. 69 Civ. 546.

314 F.Supp. 1187 (1970)

XEROX CORPORATION, Plaintiff, v. NASHUA CORPORATION, American Electrofax Corp. and Copy Systems, Inc., Defendants, v. RADIO CORPORATION OF AMERICA, Interpleaded Defendant.

United States District Court, S. D. New York.

July 2, 1970.

Attorney(s) appearing for the Case

Brumbaugh, Graves, Donohue & Raymond, New York City, for plaintiff; Francis J. Hone, New York City, Paul M. Enlow, Stamford, Conn., of counsel.

Cadwalader, Wickersham & Taft, New York City, for defendant, Nashua Corp.; Peter M. Brown, Terence F. Gilheany, New York City, Kenway, Jenney & Hildreth, L. William Bertelsen, Boston, Mass., of counsel.

William K. Kerr, Fish, Richardson & Neave, New York City, for interpleaded defendant; David W. Plant, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Nashua Corporation (Nashua), the defendant herein, manufactures and sells "Electrofax Paper," a zinc oxide coated paper used in an electrophotographic process, under a royalty license agreement with Radio Corporation of America (RCA), the owner of patent No. 3,052,539 ('539). This action was commenced by Xerox Corporation (Xerox) against Nashua upon a claim that its manufacture and sale of the paper infringes upon...

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