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I. U. TECHNOLOGY CORP. v. RESEARCH-COTTRELL, INC.

No. 79-1158.

641 F.2d 298 (1981)

I. U. TECHNOLOGY CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. RESEARCH-COTTRELL, INC., Texas Utilities Generating Company and Texas Utilities Services, Inc., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

April 2, 1981.

Attorney(s) appearing for the Case

Arnold, White & Durkee, Tom Arnold, Bill Durkee, Houston, Tex., Baker, Glast, Riddle, Tuttle & Elliott, W. Randolph Elliott, Dallas, Tex., Miller & Prestia, Paul F. Prestia, Havarford, Pa., for plaintiff-appellant-cross-appellee.

Richards, Harris & Medlock, V. Bryan Medlock, Jr., Garland P. Andrews, Worsham, Forsythe & Sampels, G. Roland Love, Dallas, Tex., for defendants-appellees-cross-appellants.

Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judges.

POLITZ, Circuit Judge:

In this patent suit I.U. Technology Corporation (IUT) seeks a declaration that Research-Cottrell et al., are infringing and will further infringe U.S. Patent No. 3,785,840 ('840 patent) involving "Lime-Fly Ash-Sulfite Mixtures." Defendants counterclaim for a declaratory judgment that the '840 patent is invalid. The case was tried to a jury which returned six special verdicts: (1) defendants' operations at an existing plant have infringed...

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