PHOTO ELECTRONICS CORP. v. ENGLAND

Nos. 77-2657, 76-1298.

581 F.2d 772 (1978)

PHOTO ELECTRONICS CORPORATION, Plaintiff-Appellee, v. John M. ENGLAND, Trustee in Bankruptcy for Ferrex Corporation, Defendant-Appellant. PHOTO ELECTRONICS CORPORATION, Plaintiff-Appellee, v. FERREX CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 8, 1978.


Attorney(s) appearing for the Case

Albert E. Fey, William J. Gilbreth, David J. Lee, Fish & Neave, New York City; Max Thelen, Jr., Fredric C. Nelson, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for plaintiff-appellee.

Julian Caplan, Gregg, Hendricson, Caplan & Becker, San Francisco, Cal., Sidney Berlin, Berlin & Goodman, Redwood City, Cal., for defendant-appellant.

Before BROWNING and WRIGHT, Circuit Judges, and KUNZIG, Judge of the United States Court of Claims.


EUGENE A. WRIGHT, Circuit Judge:

Photo Electronics Corporation sued the Ferrex Corporation for infringement of Patents No. 3,351,707 ('707) and No. 3,471,740 ('740). Ferrex countered that the patents in suit were obvious, obtained by fraud and not infringed. It counterclaimed that Photo Electronics' conduct in obtaining the patents and prosecuting the infringement action was violative of the antitrust laws. The district court held the patents valid and infringed,...

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