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FOSTER WHEELER CORP. v. BABCOCK & WILCON CO.

No. 76 Civ. 1224 (WCC).

512 F.Supp. 792 (1981)

FOSTER WHEELER CORPORATION and Foster Wheeler Energy Corporation, Plaintiffs, v. BABCOCK & WILCOX COMPANY, Defendants.

United States District Court, S. D. New York.

April 8, 1981.

Attorney(s) appearing for the Case

Rothschild, Barry & Myers, Chicago, Ill. (Norman J. Barry, Joseph P. Della Maria, Jr., Chicago, Ill., of counsel), Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D. C. (Donald R. Dunner, Washington, D. C., of counsel), Marvin A. Naigur, John J. Herguth, Jr., Foster Wheeler Energy Corp., Livingston, N. J., Kissam, Halpin & Genovese, New York City (Anthony S. Genovese, Richard Tufano, New York City, of counsel), for plaintiffs.

Bryan & Bollo, P. C., Stamford, Conn. (Roland T. Bryan, Harold E. Drumm, John R. Rafter, Stamford, Conn., of counsel), Sullivan & Cromwell, New York City (George C. Kern, Jr., New York City, of counsel), for defendants.

OPINION

CONNER, District Judge.

This action was brought by plaintiffs (collectively "Foster Wheeler") against defendant ("Babcock") for a declaratory judgment that Babcock's U.S. patents Nos. 3,834,358 and 3,927,646 ("the '358 and '646 patents," respectively) relating to steam generators are invalid and do not cover any of the steam generators built and sold by Foster Wheeler.

With the consent of the parties, the Court conducted a separate trial...

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