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NORTON COMPANY v. BENDIX CORPORATION

No. 821, Docket 35621.

449 F.2d 553 (1971)

NORTON COMPANY and Edwards High Vacuum International Limited, Plaintiffs-Appellees, v. The BENDIX CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 22, 1971.

Attorney(s) appearing for the Case

Harold L. Jackson, Pasadena, Cal. (Stanley R. Jones, Jackson & Jones, Pasadena, Cal., Charles F. Donnelly, B. G. Andrews, Thomas J. Plante, Southfield, Mich., William S. Thompson, Utica, N. Y., on the brief), for appellant.

William W. Rymer, Boston, Mass. (Edgar H. Kent, Robert E. Hillman, Fish & Richardson, Boston, Mass., Elliot Horton, Harris, Beach & Wilcox, Rochester, N. Y., on the brief), for appellees.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.

HAYS, Circuit Judge:

Edwards High Vacuum International Limited, owner, and Norton Company, exclusive licensee of the Power patent No. 2,919,061, filed suit in November of 1968 against the defendant Bendix Corporation, seeking damages and injunctive relief for infringement. Defendant denied infringement, claimed invalidity on various grounds, and counterclaimed for alleged infringement of certain of its patents. The issue raised by the counterclaim was severed and...

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