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NOVA BIOMEDICAL CORP. v. MOLLER

Nos. 80-1083, 80-1106.

629 F.2d 190 (1980)

NOVA BIOMEDICAL CORPORATION, Plaintiff-Appellant, v. Willi MOLLER, d/b/a/ Gebruder Moller Glasblaserei, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 8, 1980.

Attorney(s) appearing for the Case

Charles C. Winchester, Boston, Mass., with whom Fish & Richardson and John M. Skenyon, Boston, Mass., were on brief, for plaintiff-appellant.

William J. Cheeseman, Boston, Mass., with whom Foley, Hoag & Eliot, Boston, Mass., was on brief, for intervenor, Orion Research Incorporated.

John T. Roberts, Washington, D. C., with whom Irons & Sears, P. C., Washington, D. C., Ira K. Gross, and Sullivan & Worcester, Boston, Mass., were on brief, for defendant-appellee.

Before CAMPBELL and BOWNES, Circuit Judges, LOUGHLIN, U. S. District Judge.

Argued In Camera April 9, 1980.

BOWNES, Circuit Judge.

This is a declaratory judgment action in which the plaintiff seeks a determination that a patent held by the defendant is invalid, unenforceable, and not infringed. The plaintiff, Nova Biomedical Corporation, is a Massachusetts corporation located in Newton and engaged in the manufacture and sale of medical instruments. The defendant, Willi Moller, is a citizen and resident of Switzerland and owner of...

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