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COOL-FIN ELEC. CORP. v. INTERNATIONAL ELEC. R. CORP.

Nos. 72-1023, 72-1056.

491 F.2d 660 (1974)

COOL-FIN ELECTRONICS CORPORATION, Plaintiff-Appellee, v. INTERNATIONAL ELECTRONIC RESEARCH CORPORATION, Defendant-Appellant. COOL-FIN ELECTRONICS CORPORATION, Plaintiff-Appellant, v. INTERNATIONAL ELECTRONIC RESEARCH CORPORATION, and United-Carr, Incorporated, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing February 25, 1974.

Attorney(s) appearing for the Case

Vernon D. Beehler (argued), Bruce A. Jagger of Beehler, Arant, Mockabee, Jagger & Bethel, Richard Hungate (argued), Louis P. Petrich of Youngman, Hungate & Leopold, Los Angeles, Cal., for plaintiff-appellee.

Frederick E. Mueller of Fulwider, Patton, Rieber, Lee & Utecht, Stanley H. Williams (argued), Philip F. Westbrook, Jr. (argued), of O'Melveny & Myers, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for defendant-appellant.

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

CHOY, Circuit Judge:

This appeal concerns the validity of patent No. 2,807,659, a tube shield and insert designed for protecting glass electron tubes. Cool-Fin Electronics Corporation (Cool-Fin), a now defunct manufacturer of tube shields, originally sued the International Electronic Research Corporation (IERC) for violations of the antitrust laws. IERC counterclaimed that Cool-Fin had infringed its patent. The district court tried the patent issue separately and...

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