BURGESS & ASSOCIATES, INC. v. KLINGENSMITH

Nos. 72-1557, 72-1556.

487 F.2d 321 (1973)

BURGESS & ASSOCIATES, INC., an Ohio corporation, Plaintiff-Appellant, v. Ben C. KLINGENSMITH, an Individual, et al., Defendants-Appellees. Ben C. KLINGENSMITH, an Individual, et al., Defendants-Appellants, v. BURGESS & ASSOCIATES, INC., an Ohio corporation, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing December 19, 1973.


Attorney(s) appearing for the Case

Robert D. Hornbaker (argued), Los Angeles, Cal., for Ben C. Klingensmith et al.

R. Douglas Lyon (argued), Reginald E. Caughey, of Lyon & Lyon, Los Angeles, Cal., for Burgess & Associates, Inc.

Before BROWNING and WRIGHT, Circuit Judges, and SOLOMON, District Judge.


SOLOMON, District Judge:

Both parties appeal from portions of a judgment holding one patent valid and infringed and another patent invalid.

Burgess & Associates, Inc. (Burgess) is the assignee of U. S. Patent No. 3,023,738 (738 patent) and U. S. Patent No. 3,367,480 (480 patent). Burgess brought this action for infringement of claims 1 and 2 of the 738 patent and claims 1, 2, and 4 of the 480 patent against Ben C. Klingensmith and his associates, ABM Industries...

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