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DeLONG CORP. v. RAYMOND INTERN., INC.

No. 79-1509.

622 F.2d 1135 (1980)

DeLONG CORPORATION, Appellant, v. RAYMOND INTERNATIONAL, INC.

United States Court of Appeals, Third Circuit.

Decided April 14, 1980.

Attorney(s) appearing for the Case

Richard D. Catenacci, Connell, Foley & Geiser, Newark, N. J., for appellant; David E. Varner, William K. West, Jr. (argued), Akin T. Davis, Cushman, Darby & Cushman, Washington, D. C., of counsel.

Frank L. Bate, Shanley & Fisher, Newark, N. J., for appellee; Joseph M. Fitzpatrick, John A. O'Brien (argued), Fitzpatrick, Cella, Harper & Scinto, New York City, of counsel.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

We are asked on this appeal to consider a decision by the United States District Court for the District of New Jersey entering summary judgment for the defendant in an action for infringement of two patents. The district court held that the invention covered by the later or second patent was "on sale" more than one year prior to the date of the application for the patent and thus was invalid under 35 U.S.C. §...

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