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TELEDYNE MID-AMERICA CORP. v. INTERNATIONAL T. & T. CORP.

No. 71-1164.

449 F.2d 502 (1971)

TELEDYNE MID-AMERICA CORP., Plaintiff, Appellant, v. INTERNATIONAL TELEPHONE & TELEGRAPH CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 7, 1971.

Attorney(s) appearing for the Case

Richard Bushnell, Chicago, Ill., with whom Richard A. Giangiorgi, Chicago, Ill., A. Lauriston Parks, Providence, R. I., and Olson, Trexler, Wolters & Bushnell, Chicago, Ill., were on brief, for plaintiff, appellant.

Dana M. Raymond, New York City, with whom George M. Vetter, Jr., Robert Neuner, and Brumbaugh, Graves, Donohue & Raymond, New York City, were on brief, for defendant, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an action for infringement of Patent No. 2,867,001, issued to E. H. Lewis et al. January 6, 1959. The district court, in an extensive and considered opinion, 325 F.Supp. 424, held the patent invalid for a number of reasons, including indefiniteness, and for this last reason found, alternatively, that plaintiff had failed to prove infringement. We affirm.

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