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SIDEWINDER MARINE v. STARBUCK KUSTOM BOATS, ETC.

No. 76-2006.

597 F.2d 201 (1979)

SIDEWINDER MARINE, INC., Plaintiff-Appellant, v. STARBUCK KUSTOM BOATS AND PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 9, 1979.

Attorney(s) appearing for the Case

George C. Limbach, San Francisco, Cal. (Philip M. Shaw, Jr., of Limbach, Limbach & Sutton, San Francisco, Cal., and Richard L. Schrepferman and Stephen E. Snyder of Holme, Roberts & Owen, Denver, Colo., on the brief), for plaintiff-appellant.*

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is a patent infringement action in which the question of infringement has been mooted by a holding in the trial court that the subject patent was invalid and therefore incapable of being infringed. The court's opinion is reported at 418 F.Supp. 224 (D.Col.). Plaintiff Sidewinder Marine, Inc. ("Sidewinder"), seeks reversal of the holding of invalidity and remand for trial on the issue of infringement...

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