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UNITED STATES v. TELECTRONICS PROPRIETARY, LTD.

Civ. A. No. 80-M-981.

607 F.Supp. 753 (1983)

UNITED STATES of America, Plaintiff, v. TELECTRONICS PROPRIETARY, LTD. and Telectronics Limited, Defendants and Counterclaim-Plaintiffs, v. UNITED STATES of America and Zimmer U.S.A., Inc., Counterclaim-Defendants.

United States District Court, D. Colorado.

June 8, 1983.

Attorney(s) appearing for the Case

Vito J. DiPietro, Thomas J. Scott, Jr., Commercial Litigation Branch, Civ. Div., Dept. of Justice, Washington, D.C., Janis E. Chapman, Asst. U.S. Atty., Denver, Colo., for plaintiff.

James D. Hinga, Baker & Hostetler, Denver, Colo., for co-plaintiff Zimmer U.S.A., Inc.

Bruce Klaas, Klaas & Law, Denver, Colo., William C. Nealon, Vice President and Gen. Counsel, Suffield, Conn., Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., New York City, for defendants and counterclaim-plaintiffs.

MEMORANDUM OPINION AND ORDER ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

MATSCH, District Judge.

This is a patent infringement action for injunctive relief and damages brought pursuant to 35 U.S.C. §§ 283, 284 and 285. Jurisdiction is found in 28 U.S.C. §§ 1338 and 1345. The defendants have asserted patent misuse as an affirmative defense and counterclaim.

The matter now before this court is the plaintiff's motion for partial...

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