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VELO-BIND, INC. v. MINN. MINING & MFG. CO.

Nos. 79-3338, 79-4448 and 79-4584.

647 F.2d 965 (1981)

VELO-BIND, INCORPORATED, a California Corporation, Plaintiff-Appellant, v. MINNESOTA MINING & MANUFACTURING COMPANY, a corporation; 3M Business Products Sales, Inc., a corporation; Ro-Bind Corporation, a corporation; Rally Industries, a corporation; and Joe D. Giulie, Defendants-Appellees. VELO-BIND, INCORPORATED, a California Corporation, Plaintiff-Appellee, v. MINNESOTA MINING & MANUFACTURING COMPANY, a corporation; 3M Business Products Sales, Inc., a corporation, Ro-Bind Corporation, a corporation, and Rally Industries, a corporation, Defendants-Appellants. VELO-BIND, INCORPORATED, a California Corporation, Plaintiff-Appellee, v. MINNESOTA MINING & MANUFACTURING COMPANY, a corporation; and 3M Business Products Sales, Inc., a corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1981.

Rehearing Denied July 14, 1981.

Attorney(s) appearing for the Case

James K. Haynes, Orrick, Herrington & Sutcliffe, San Francisco, Cal. (argued), for Velo Bind; Julian Caplan, Gregg, Caplan & Higgins, Menlo Park, Cal., on brief.

Carl Hoppe, Eckhoff, Hoppe, Slick, Mitchell & Anderson, San Francisco, Cal., Stanley G. DeLaHunt, St. Paul, Minn., for Minnesota Mining.

Before DUNIWAY, SNEED and POOLE, Circuit Judges.

DUNIWAY, Circuit Judge:

In No. 79-4448 appellants (hereinafter 3M) appeal from the district court's judgment, entered following a jury trial, finding that the 3M Model 1000 binding machine infringes three valid patents owned by Velo-Bind, awarding damages to Velo-Bind of $3,934,333 plus interest, and permanently enjoining 3M from infringing the patents. We affirm in part and reverse in part.

In No. 79-4584 3M further...

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