No. 82-1308.

709 F.2d 942 (1983)

HUMANETICS, INC., Plaintiff-Appellant, v. KERWIT MEDICAL PRODUCTS, INC. and Malcolm Kerwit, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 18, 1983.

Attorney(s) appearing for the Case

Allen Butler, Dallas, Tex., Morton Amster, Joel E. Lutzker, New York City, for plaintiff-appellant.

Locke, Purnell, Boren, Laney & Neely, John H. McElhaney, Dallas, Tex., Warren H. Rotert, Robert E. Paulson, New York City, for defendants-appellees.

Before GEE, GARZA and TATE, Circuit Judges.

TATE, Circuit Judge:

On May 4, 1978, the plaintiff Humanetics filed an independent equitable action to set aside a consent judgment of patent infringement and validity entered on April 12, 1971, some seven years earlier, in favor of the defendant Kerwit's predecessor in interest, to whom the patent had been issued. The petition alleges that Kerwit's patent was procured by fraud and is invalid under 35 U.S.C. § 102(a), (b), because of a prior public use and of...

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