FORBRO DESIGN CORPORATION v. RAYTHEON COMPANY

Civ. A. No. 69-343-F.

321 F.Supp. 1029 (1971)

FORBRO DESIGN CORPORATION v. RAYTHEON COMPANY.

United States District Court, D. Massachusetts.

January 21, 1971.


Attorney(s) appearing for the Case

John W. Ericson, David A. Rich, Boston, Mass., Joseph R. McPhee, Jr., Garden City, N. Y., for plaintiff.

Henry C. Nields, Russell & Nields, Boston, Mass., for defendant.


MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

FORD, District Judge.

Defendant in this patent infringement suit moves for summary judgment on the ground that the patent in suit, U. S. Patent No. 3,028,538, is unenforceable under 35 U.S.C. § 135.

On October 15, 1962, Interference No. 93090 was declared by the U. S. Patent Office between plaintiff's patent and a pending application of Hewlett-Packard Co. The parties held numerous...

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