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CODEX CORP. v. MILGO ELECTRONIC CORP.

No. 76-1433.

553 F.2d 735 (1977)

CODEX CORPORATION and Yellow Freight System, Inc., Plaintiffs, Appellants, v. MILGO ELECTRONIC CORPORATION and International Communications Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 29, 1977.

Attorney(s) appearing for the Case

William W. Rymer, Boston, Mass., with whom Frank P. Porcelli and Fish & Richardson, Boston, Mass., were on brief for plaintiffs, appellants.

Stanley R. Jones, Tustin, Cal., with whom Harold L. Jackson, Jackson & Jones Law Corp., Tustin, Cal., Gordon Williamson, and Kenway & Jenney, Boston, Mass., were on brief, for defendants, appellees.

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

ALDRICH, Senior Circuit Judge.

This is an appeal from the denial of an injunction. Defendant-appellee, Milgo, a Florida corporation, owner of certain patents, brought suit for infringement in the District of Kansas, against Yellow Freight, a customer of appellant Codex, the manufacturer of the accused devices. Codex is a Massachusetts corporation which could not be sued in Kansas under the patent venue statute, 28 U.S.C. § 1400(b). Codex shortly thereafter brought...

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