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PALMER v. ORTHOKINETICS, INC.

No. 77-3710.

611 F.2d 316 (1980)

Oakley B. PALMER, an individual doing business as Palmco Engineering Company, Plaintiff-Appellee, v. ORTHOKINETICS, INCORPORATED, a Wisconsin Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 4, 1980.

Attorney(s) appearing for the Case

Henry C. Fuller, Jr., Milwaukee, Wis., argued, for defendant-appellant; Hahn, Lazier & Leff, Los Angeles, Cal., Wheeler, Morsell, House & Fuller, Milwaukee, Wis., on the brief.

William C. Babcock, Long Beach, Cal., for plaintiff-appellee.

Before GOODWIN and SNEED, Circuit Judges and JAMESON, District Judge.

JAMESON, District Judge:

Plaintiff-appellee, Oakley B. Palmer, doing business as Palmco Engineering Company (Palmer), brought this action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, seeking a determination that U.S. Patent 3,891,229 entitled "Travel Chair", issued to defendant-appellant, Orthokinetics, Incorporated, is invalid and not infringed. Orthokinetics counterclaimed for infringement of the patent, seeking damages and attorney fees...

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