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ALBURGER v. MAGNAFLUX CORPORATION

No. 24642.

444 F.2d 1406 (1971)

James R. ALBURGER, Plaintiff-Appellant, v. MAGNAFLUX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 23, 1971.

Attorney(s) appearing for the Case

Warren Jessup (argued), of Jessup & Beecher, Sherman Oaks, Cal., for plaintiff-appellant.

Otto R. Krause (argued), of Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., Walton Eugene Tinsley, of Harris, Kiech, Russell & Kern, Los Angeles, Cal., for defendant-appellee.

Before MERRILL and ELY, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

1. The court adheres to its earlier order denying appellee's motion to dismiss the appeal.

2. The judgment of the District Court holding the patent in suit invalid (as based upon prior public knowledge and use and anticipation) and not infringed is affirmed. Judgment is supported by the findings of fact made by the District Court, which, in turn, are supported by the evidence and cannot be held clearly erroneous.

3. Judgment of the District...

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