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XEROX CORP. v. SCM CORP.

No. 77-1888.

576 F.2d 1057 (1978)

XEROX CORPORATION, Appellee, v. SCM CORPORATION, Appellant, v. VAN DYK RESEARCH CORPORATION, a New Jersey Corporation, and Bernard R. Hellring, as Receiver in Proceedings for an Arrangement under Chapter XI of the Bankruptcy Act, Third-party Defendants.

United States Court of Appeals, Third Circuit.

Decided May 17, 1978.

Attorney(s) appearing for the Case

Clyde A. Szuch, Frederick L. Whitmer, Pitney, Hardin & Kipp, Morristown, N. J., for appellee; George W. Whitney, Richard S. Clark, Brumaugh, Graves, Donohue & Raymond, New York City, Ronald Zibelli, Barry Kesselman, David E. Pitchenik, Xerox Corp., Stamford, Conn., of counsel.

Stephen Rackow Kaye, Michael A. Cardozo, Bettina B. Plevan, Proskauer, Rose, Goetz & Mendelsohn, New York City, for appellants; Benjamin P. Michel, Riker, Danzig, Scherer & Debevoise, Newark, N. J., Milton Wolson, SCM Corp., New York City, of counsel.

Before ADAMS, HIGGINBOTHAM, Circuit Judges, and BECHTLE, District Judge.

OPINION OF THE COURT

HIGGINBOTHAM, Circuit Judge.

SCM Corp. (SCM), brings this case before this Court by interlocutory appeal pursuant to 28 U.S.C. § 1292(b) (1970) from District Judge Stern's order denying SCM's motion to dismiss the complaint brought by Xerox Corporation (Xerox). The Xerox complaint filed in the District of New Jersey on September 24, 1976, alleged that SCM infringed nine of Xerox's patents...

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