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ORTHO PHARMACEUTICAL CORP. v. AM. HOSPITAL SUPPLY

No. 75-1859.

534 F.2d 89 (1976)

ORTHO PHARMACEUTICAL CORPORATION, and Ortho Diagnostics, Inc., Plaintiffs-Appellants, v. AMERICAN HOSPITAL SUPPLY CORPORATION, and Roy E. Speck, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1976.

Attorney(s) appearing for the Case

Don K. Harness, Birmingham, Mich., for plaintiffs-appellants.

John W. Chestnut, Chicago, Ill., Robert A. Spray, Indianapolis, Ind., for defendants-appellees.

Before PELL, and BAUER, Circuit Judges, and PERRY, Senior District Judge.

PERRY, Senior District Judge.

After being accused of patent infringement, plaintiff-appellant Ortho Pharmaceutical Corporation [hereinafter "Ortho"] brought a declaratory judgment action against defendant-appellee American Hospital Supply Corporation [hereinafter "AHS"], as the exclusive licensee of claims 1 through 8 of United States Letters Patent 3,486,981 under an agreement with defendant-appellant Roy E. Speck, to whom the patent was issued on December 30, 1969...

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