EMC CORP. v. NORAND CORP.

No. 95-1540.

89 F.3d 807 (1996)

EMC CORPORATION, Plaintiff-Appellant, v. NORAND CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 16, 1996.


Attorney(s) appearing for the Case

Richard L. Stanley, Arnold, White & Durkee, Houston, Texas, argued for plaintiff-appellant. With him on the brief were Wayne M. Harding and Gay L. Bonorden. Of counsel were Paul T. Dacier and John M. Gunther, EMC Corporation, Hopkinton, Massachusetts, and Thomas J. Dougherty and James R. Carroll, Skadden, Arps, Slate, Meagher & Flom, Boston, Massachusetts.

Lawrence M. Jarvis, McAndrews, Held & Malloy, Ltd., Chicago, Illinois, argued for defendant-appellee. With him on the brief were William M. Wesley and Christopher C. Winslade. Of counsel were Gael Mahony and Timothy J. Dacey, III, Hill & Barlow, Boston, Massachusetts.

Before MAYER, SCHALL, and BRYSON, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined August 16, 1996.

BRYSON, Circuit Judge.

EMC Corporation filed an action in the United States District Court for the District of Massachusetts seeking a declaratory judgment against Norand Corporation. EMC requested that the court declare certain patents owned by Norand to be invalid and to declare that EMC did not infringe those patents. The district court dismissed the action, exercising its discretion...

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