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VULCAN, INC. v. FORDEES CORP.

No. 78-3325.

658 F.2d 1106 (1981)

VULCAN, INC., Plaintiff-Appellee, v. FORDEES CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 14, 1981.

Rehearing Denied October 14, 1981.

Attorney(s) appearing for the Case

Thomas H. Murray, Rose, Schmidt, Dixon, Hasley & Whyte, Pittsburgh, Pa., for defendant-appellant.

Arland T. Stein, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Paul A. Weick, Weick, Gibson, Oldham & Aronson, Cuyahoga Falls, Ohio, for plaintiff-appellee.

Before BOYCE F. MARTIN, Jr., Circuit Judge, CELEBREZZE, Senior Circuit Judge, and JOINER, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Fordees Corporation appeals from a judgment of patent validity and infringement. The issues before us concern the res judicata effect of a prior consent decree and the doctrine of equivalents. Specifically, Fordees argues: 1) that it was not in privity with the prior defendant and is therefore not bound by the determination of patent validity in the consent decree; and 2) that devices it built after entry of the decree do not infringe...

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