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IN RE YARN PROCESSING PATENT VALIDITY LITIGATION

MDL No. 82.

472 F.Supp. 178 (1979)

In re YARN PROCESSING PATENT VALIDITY LITIGATION.

United States District Court, S. D. Florida.

April 25, 1979.

Attorney(s) appearing for the Case

C. Reed Guthridge, Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, Fla., for Leesona Corp.

Charles B. Park, III, Bell, Seltzer, Park & Gibson, Charlotte, N. C., for Barmag Barmer Maschinefabrik AG and American Barmag Corp.

James L. Armstrong, III and Hugh J. Turner, Jr., Smathers & Thompson, Miami, Fla., for Lex Tex.

MEMORANDUM OPINION AND ORDER

ATKINS, Chief Judge.

The issue presently before the Court is whether the defendant machinery manufacturers may take advantage of this Court's earlier grant of summary judgment in favor of other parties in this action, precluding Lex Tex from enforcing its patents for misuse in the absence of a finding of purge. The misuse and resultant unenforceability was found by this Court and affirmed by the Fifth Circuit on appeal. In...

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