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TEKTRONIX, INC. v. UNITED STATES

No. 79-61.

575 F.2d 832 (1978)

TEKTRONIX, INC. v. The UNITED STATES, Defendant, and the Hickok Electrical Instrument Company, Jetronic Industries, Inc., and Lavoie Laboratories, Inc., Third-Party Defendants.

United States Court of Claims.

April 19, 1978.

Attorney(s) appearing for the Case

Joel R. Feidelman, Washington, D.C., atty. of record, for plaintiff. N. Eric Jorgensen, Peter D. Ehrenhaft, Harvey N. Bernstein, Joseph J. Petrillo, Lawrence R. Sidman, Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C., of counsel.

Thomas J. Scott, Jr., Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant. Vito J. DiPietro, Washington, D.C., of counsel.

Richard J. Egan, Cleveland, Ohio, atty. of record, and Baldwin, Egan, Walling & Fetzer, Cleveland, Ohio, of counsel, for third-party defendant The Hickok Electrical Instrument Co.

Boris Haskell, Washington, D.C., atty. of record, for third-party defendant Jetronic Industries, Inc.

Robert E. Burns, atty. of record, New York City, for third-party defendant Lavoie Laboratories, Inc.

Before COWEN, Senior Judge, and KUNZIG and BENNETT, Judges.

OPINION

BENNETT, Judge.

This patent case, the subject of two earlier opinions of the court, comes before us once again, this time for a final determination of damages. Our first opinion, reported at 445 F.2d 323, 195 Ct.Cl. 53 (1971), held that defendant's purchase of oscilloscopes (scopes) from third-party defendants (TPDs) infringed valid claims in eight patents held by plaintiff. Our second opinion, reported at

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