SYMBOL TECHNOLOGIES, INC. v. OPTICON, INC.

No. 90-1409.

935 F.2d 1569 (1991)

SYMBOL TECHNOLOGIES, INC., Plaintiff-Appellee, v. OPTICON, INC., and Opto Electronics, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 6, 1991.


Attorney(s) appearing for the Case

Arnold Sprung, Sprung Horn Kramer & Woods, Tarrytown, N.Y., argued for plaintiff-appellee. With him on the brief were Nathaniel D. Kramer and Ira J. Schaefer.

Jeffrey A. Schwab, Abelman Frayne Rezac & Schwab, New York City, argued for defendants-appellants. With him on the brief was Michael Aschen.

Before NIES, Chief Judge, and NEWMAN, and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

Symbol Technologies, Inc., (Symbol) sued Opticon, Inc., and its Japanese parent Opto Electronics, (collectively hereinafter Opticon), in the United States District Court for the Southern District of New York for infringement of certain claims of United States Patent Nos. 4,387,297 ('297 patent), 4,593,186 ('186 patent), and 4,409,470 ('470 patent).

Symbol alleged that Opticon's MSH-840,...

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