ALBERT v. KEVEX CORP.

Appeal Nos. 83-720, 83-781.

729 F.2d 757 (1984)

Richard D. ALBERT, Appellee, v. KEVEX CORPORATION, Appellant. Richard D. ALBERT, Appellant, v. KEVEX CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 1984.


Attorney(s) appearing for the Case

David B. Harrison and Michael Baker, San Mateo, Cal., argued for appellant.

Julian Caplan, Menlo Park, Cal., submitted for appellee.

Before RICH, DAVIS, BENNETT, MILLER and SMITH, Circuit Judges.


RICH, Circuit Judge.

These two appeals derive from a patent case in which the original complaint contained three counts and an amended complaint contained two more, pleading a total of five causes of action. The first two were suits by Albert against Kevex Corporation (Kevex) for the infringement of two patents owned by Albert and are not before us. The third count was a type of action now rarely seen, an "interfering patents" suit predicated on 35 U.S.C. § 291...

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