TRANSITRON ELECTRONIC CORP. v. HUGHES AIRCRAFT CO.

Nos. 80-1234, 80-1235.

649 F.2d 871 (1981)

TRANSITRON ELECTRONIC CORPORATION, Plaintiff, Appellant, v. HUGHES AIRCRAFT COMPANY, Defendant, Appellee. TRANSITRON ELECTRONIC CORPORATION, Plaintiff, Appellee, v. HUGHES AIRCRAFT COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 15, 1981.


Attorney(s) appearing for the Case

David Wolf, with whom Louis Orenbuch, Milton Oliver, Boston, Mass., and Wolf, Greenfield & Sacks, P. C., Boston, Mass., were on brief, for Transitron Electronic Corp.

John R. Hally, Boston, Mass., with whom Mary Lee Jacobs, and Nutter, McClennen & Fish, Boston, Mass., were on brief, for Hughes Aircraft Co.

Before CAMPBELL and BOWNES, Circuit Judges, and NELSON, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

This case requires us to explore the kind of showing a patent licensee needs to make in order to recover royalties already paid under a license agreement when the patent itself is subsequently declared invalid. The main appeal is brought by Transitron Electronic Corporation from a judgment rendered by the district court in favor of Hughes Aircraft Company, the defendant in Transitron's action for restitution and damages arising out...

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