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SCULLY SIGNAL CO. v. ELECTRONICS CORP. OF AMERICA

Nos. 77-1133 and 77-1144.

570 F.2d 355 (1977)

SCULLY SIGNAL COMPANY, Plaintiff, Appellant, v. ELECTRONICS CORPORATION OF AMERICA, Defendant, Appellee. SCULLY SIGNAL COMPANY, Plaintiff, Appellee, v. ELECTRONICS CORPORATION OF AMERICA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 29, 1977.

Attorney(s) appearing for the Case

Robert H. Rines, Boston, Mass., with whom Rines & Rines, Boston, Mass., was on brief, for Scully Signal Co.

Charles E. Pfund, Boston, Mass., with whom Dike, Bronstein, Roberts, Cushman & Pfund, Sewall P. Bronstein, and David G. Conlin, Boston, Mass., were on brief, for Electronics Corp. of America.

Before COFFIN, Chief Judge, LAY, Circuit Judge, CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

This suit for infringement of a 1957 patent was brought in 1968 by Scully Signal Co. (Scully), the assignee of the patent and its licensor. Electronics Corporation of America (ECA), the defendant, alleged both noninfringement and invalidity. The patent expired before trial, leaving only damages at issue. The case was tried in December, 1975 and January, 1976, and at the end of the presentation of evidence ECA moved to amend its pleadings...

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