KING INSTRUMENT CORP. v. OTARI CORP.

Appeal Nos. 84-1528, 84-1529, 84-1558 and 84-1595.

767 F.2d 853 (1985)

KING INSTRUMENT CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. OTARI CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

June 26, 1985.


Attorney(s) appearing for the Case

Elmer S. Albritton, Flehr, Hohback, Text, Albritton & Herbert, of San Francisco, Cal., argued for plaintiff-appellant/cross-appellee. With him on the brief were Donald N. MacIntosh and William A. Cammett; Nicholas A. Pandiscio, Schiller & Pandiscio, of Waltham, Mass., was on the brief, of counsel.

Allen Kirkpatrick, Cushman, Darby & Cushman, of Washington, D.C., argued for defendant-appellee/cross-appellant. With him on the brief were George C. Limbach, Limbach, Limbach & Sutton, of San Francisco, Cal., Henry Y. Ota, Shigeru Watanabe, Kelley, Drye & Warren, of Los Angeles, Cal. and C. Michael Zimmerman, Cushman, Darby & Cushman, of Palo Alto, Cal.

Before MARKEY, Chief Judge, DAVIS, Circuit Judge, and SKELTON, Senior Circuit Judge.


DAVIS, Circuit Judge.

King Instrument Corporation (King), the plaintiff below, charged Otari Corporation (Otari) with infringement of its U.S. Patent Nos. 3,637,153 ('153) issued January 25, 1972, and 3,737,358 ('358) issued June 5, 1973. King now appeals from final judgment by the United States District Court for the Northern District of California, following a bench trial, that held the '358 patent invalid because the invention claimed was found to be "on sale"...

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