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NAT. ROLLED THREAD, ETC. v. E. W. FERRY SCREW PROD.

Nos. 75-2010, 75-2011.

541 F.2d 593 (1976)

The NATIONAL ROLLED THREAD DIE COMPANY, Plaintiff-Appellant, v. E. W. FERRY SCREW PRODUCTS, INC., et al., Defendants-Appellees. The NATIONAL ROLLED THREAD DIE COMPANY, Plaintiff-Cross-Appellee. v. E. W. FERRY SCREW PRODUCTS, INC., et al., Defendants-Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1976.

Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

William C. McCoy, Jr., Bosworth, Sessions & McCoy, Stephen A. Hill, Cleveland, Ohio, for National Roller Thread Die Co.

William A. Gail, McNenny, Farrington, Pearne & Gordon, Charles B. Gordon, Cleveland, Ohio, for E. W. Ferry Screw Products, Inc., et al.

Before PHILLIPS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

PHILLIPS, Chief Judge.

National Rolled Thread Die Company (National), the assignee of reissue Patent No. 26,518, brought this action against Colt Industries Operating Corp. (Colt) and several customers of Colt for infringement. Colt raised the affirmative defense that the reissue patent was invalid and unenforceable. The District Court held the reissue claims in suit to be valid, but that National failed to meet its burden...

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