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ODETICS, INC. v. STORAGE TECHNOLOGY CORP.

Civ. A. No. 95-881-A.

906 F.Supp. 324 (1995)

ODETICS, INC., Plaintiff, v. STORAGE TECHNOLOGY CORPORATION, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

December 7, 1995.

Attorney(s) appearing for the Case

Paul J. Kennedy, Washington, DC, Vincent J. Belusko, William J. Robinson, Stuart L. Merkadeau, Eric Shih, Los Angeles, CA, for plaintiff.

Laurence E. Stein, Pennie & Edmonds, Washington, DC, John R. Stark, Bernard H. Chao, Pennie & Edmonds, Menlo Park, CA, Stephen J. Harbulak, Michael J. Lyons, Pennie & Edmonds, New York City, W. Russell Wayman, Storage Technology Corporation, Louisville, CO, for defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

Section 102(g) of Title 35 sets forth, in two sentences, the rule of priority of invention as a condition of patentability.1 The first sentence establishes that a person is not entitled to a patent if the invention was made earlier by someone else who did not abandon, suppress, or conceal it. The second sentence is an instruction on how to determine priority of invention. This summary...

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