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DEVEX CORP. v. GENERAL MOTORS CORP.

Nos. 80-2550, 80-2551.

667 F.2d 347 (1981)

DEVEX CORPORATION, Technograph, Inc., William C. McCoy, Theodore A. Te Grotenhuis, Frederick B. Ziesenheim, Marjorie Te Grotenhuis, William C. McCoy, Jr., and Katherine M. Bassett v. GENERAL MOTORS CORPORATION, Devex Corporation, Technograph, Inc., William C. McCoy, Jr., individually and as Executor of the Estate of William C. McCoy, deceased, Theodore A. Te Grotenhuis, Frederick B. Ziesenheim, Marjorie Te Grotenhuis, and Katherine M. Bassett, Appellants in No. 80-2550 General Motors Corporation, Appellant in No. 80-2551.

United States Court of Appeals, Third Circuit.

Decided December 15, 1981.

Rehearings and Rehearings Denied January 13, 1982.

Attorney(s) appearing for the Case

Sidney Bender (argued), Aaron Lewittes, Leventritt, Lewittes & Bender, Garden City, N. Y., Frederick B. Ziesenheim, Lynn Alstadt, Buell, Blenko, Ziesenheim & Beck, Pittsburgh, Pa., David F. Anderson, Potter, Anderson & Corroon, William C. McCoy, Jr., Pearne, Gordon, Sessions, McCoy & Granger, Cleveland, Ohio, for Devex Corp., et al.

George E. Frost (argued), William A. Schuetz, Saul Schwartz, Detroit, Mich., Arthur G. Connolly, Harold Pezzner, Connolly, Bove & Lodge, Wilmington, Del., for General Motors Corp.

Before GIBBONS and HUNTER, Circuit Judges and STERN, District Judge.

Rehearings and Rehearings En Banc Denied January 13, 1982.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

Plaintiffs charge defendant with massive patent infringement. The patent ("Claim 4," "Devex patent," "Henricks process") which is at the root of this litigation provides as follows:

The process of working ferrous metal which comprises forming on the surface of the metal a phosphate coating and superimposing thereon a fixed film...

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