HYDRANAUTICS v. FILMTEC CORP.

No. 93-56426.

70 F.3d 533 (1995)

HYDRANAUTICS, Plaintiff-Appellant, v. FILMTEC CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1995.


Attorney(s) appearing for the Case

Carl W. Schwarz, McDermott, Will & Emery, Washington, DC, for plaintiff-appellant.

James R. Martin, Gibson, Dunn & Crutcher, Los Angeles, California, for defendant-appellee.

Before: SCHROEDER and KLEINFELD, Circuit Judges, and KING, District Judge.


KLEINFELD, Circuit Judge:

We must decide whether an antitrust claim is a compulsory counterclaim in a prior patent infringement suit. We conclude that it is not, and reverse the district court's dismissal of the complaint.

I. Facts.

Under the Saline Water Conversion Act of 1971, the government was to contract for water desalinization research. Title to any inventions resulting from the research was to vest in the United States, and any patents were...

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