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ALLEN ORGAN CO. v. KIMBALL INTERN., INC.

Nos. 86-767, 86-789.

839 F.2d 1556 (1988)

ALLEN ORGAN COMPANY, Appellant, Cross-Appellee, v. KIMBALL INTERNATIONAL, INC., Macmillan, Inc., and Conn Keyboards, Inc., Appellees, Cross-Appellants.

United States Court of Appeals, Federal Circuit.

February 12, 1988.

Attorney(s) appearing for the Case

Alfred P. Ewert, of Morgan, Finnegan, Pine, Foley & Lee, New York City, argued for appellant, cross-appellee. Of counsel were David H. Pfeffer, J. Robert Dailey, and John R. Schiffhauer, of Morgan, Finnegan, Pine, Foley & Lee, and Sanford J. Piltch, Allentown, Pa.

Albert L. Jeffers and John Hoffman, of Jeffers, Irish & Hoffman, Ft. Wayne, Ind., argued for appellee, cross-appellants.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Allen Organ Company appeals the judgment of the United States District Court for the Northern District of Illinois,1 holding after a jury trial that the claims at issue of Watson U.S. Patent No. 3,610,799 (the '799 patent) and Deutsch U.S. Patent No. 3,610,806 (the '806 patent), owned by Allen Organ, are invalid. The issue of infringement was not tried. Kimball International, Inc., Macmillan, Inc., and Conn...

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