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SYLVANIA ELECTRIC PRODUCTS, INC. v. BRAINERD

No. 74-1059.

499 F.2d 111 (1974)

SYLVANIA ELECTRIC PRODUCTS, INC., Plaintiff, Appellee, v. Henry B. BRAINERD, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 20, 1974.

Attorney(s) appearing for the Case

Robert B. Russell, Boston, Mass., with whom Russell & Nields, Boston, Mass., was on brief, for appellant.

Morris Relson, New York City, with whom David R. Francescani, New York City, John M. Harrington, Jr., Ropes & Gray, Boston, Mass., and Darby & Darby, P. C., New York City, were on brief, for appellee.

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

COFFIN, Chief Judge.

This is an appeal from a decision of the district court, reported at 369 F.Supp. 468 (D.Mass.1974), finding the defendant-appellant's patent void, 35 U.S.C. §§ 101-103, and, alternatively, finding that the patent was not infringed by the system developed and marketed by plaintiff-appellee. The court granted appellee's motion for declaratory judgment and dismissed the counterclaim. Because we agree...

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