DIGITAL EQUIPMENT CORP. v. DIAMOND

No. 80-1377.

653 F.2d 701 (1981)

DIGITAL EQUIPMENT CORPORATION, Plaintiff, Appellant, v. Sidney A. DIAMOND, Etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 12, 1981.


Attorney(s) appearing for the Case

Donald R. Dunner, Washington, D. C., with whom John M. Romary, Charles E. Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D. C., Robert A. Cesari, Martin J. O'Donnell, and Cesari & McKenna, Boston, Mass., were on brief, for appellant.

Richard I. Samuel, Westfield, N. J., with whom Sidney David, William L. Mentlik, Lerner, David, Littenberg & Samuel, Westfield, N. J., and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellee Computer Operations, Inc.

Jere W. Sears, Washington, D. C., Atty., with whom Edward F. Harrington, U. S. Atty., and Charles K. Mone, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee Sidney A. Diamond.

Before CAMPBELL and BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

The district court proceeding from which this appeal is taken was instituted by Digital Equipment Corporation (DEC) with the object of overturning a decision of the U.S. Patent and Trademark Office (PTO) striking from the files, on grounds of "fraud," DEC's application for reissue of a patent. Computer Operations, Inc. (COI), DEC's adversary in ongoing patent infringement litigation, intervened as a defendant. On cross-motions for...

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