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ROSEN v. LAWSON-HEMPHILL, INC.

No. 76-1069.

549 F.2d 205 (1976)

Karl Isac Joel ROSEN et al., Plaintiffs, Appellees, v. LAWSON-HEMPHILL, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 21, 1976.

Attorney(s) appearing for the Case

William W. Rymer, Boston, Mass., with whom John N. Williams, Frank P. Porcelli, Gregory A. Madera and Fish & Richardson, Boston, Mass., were on brief, for defendant-appellant.

Richard G. Lione, Chicago, Ill., with whom James P. Hume, Peter E. Heuser, Hume, Clement, Brinks, William, Olds & Cook, Ltd., Chicago, Ill., Carl H. Amon, Jr., David S. Mortensen, Hale & Dorr, Boston, Mass., Elliot A. Salter and Salter & Michaelson, Providence, R. I., were on brief, for plaintiffs-appellees.

Before COFFIN, Chief Judge, CLARK, Associate Justice, U.S. Supreme Court (Ret.), and CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

Karl Isac Joel Rosen, the inventor, and AB-Iro, the co-owner of the patent in suit (hereinafter we will refer to the plaintiffs collectively as "Iro"), instituted this action to enjoin Lawson-Hemphill, Inc. (Lawson) from infringing U.S. Patent No. 3,648,939 (Rosen patent) and to obtain an accounting. The district court found that the Rosen patent was valid and had been infringed, and it granted the requested relief, staying the questions of an...

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