VIAM CORP. v. IOWA EXPORT-IMPORT TRADING CO.

No. 95-1262.

84 F.3d 424 (1996)

VIAM CORPORATION and Vehicle Power Accessories, Plaintiffs-Appellants, v. IOWA EXPORT-IMPORT TRADING CO., and Spal S.r.l., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 22, 1996.


Attorney(s) appearing for the Case

Charles E. Wills, Charles E. Wills Law Corporation, Los Angeles, California, argued, for plaintiffs-appellants.

Daniel J. Cosgrove, Zarley, McKee, Thomte, Voorhees & Sease, P.L.C., Des Moines, Iowa, argued, for defendants-appellees. With him on the brief was Bruce W. McKee.

Before MICHEL, PLAGER, and RADER, Circuit Judges.


PLAGER, Circuit Judge.

Believing itself threatened with a suit for patent infringement, plaintiff Viam Corporation, a California company, brought a declaratory judgment action in the California district court against the defendants, Spal Corporation, an Italian company and owner of the patent at issue, and its exclusive licensee, Iowa Export-Import Corporation, an Iowa company. The complaint alleged noninfringement and invalidity of the patent. The Italian company...

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