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FUTORIAN MFG. CORP. v. DUAL MFG. & ENGINEERING

No. 74-1399.

528 F.2d 941 (1976)

FUTORIAN MANUFACTURING CORPORATION et al., Plaintiffs-Appellees, v. DUAL MANUFACTURING & ENGINEERING, INC., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided February 4, 1976.

Attorney(s) appearing for the Case

Joseph Zallen, Boston, Mass., for defendant-appellant.

David Wolf, Boston, Mass., with whom George L. Greenfield and Wolf, Greenfield & Sacks, Boston, Mass., were on brief, for plaintiffs-appellees.

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

COFFIN, Chief Judge.

Defendant, Dual Manufacturing & Engineering, Inc., appeals from a declaratory judgment in a consolidated action by three manufacturers, holding invalid its U.S. Patent No. 3,163,464 ('464) issued December 29, 1964, and from dismissal of its counterclaims seeking damages for infringement. The judgments followed a jury trial and special verdicts finding Dual's patent novel and useful, but obvious. Other findings of infringement and damages in...

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