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GIRDLER CORPORATION v. E. I. DUPONT DE NEMOURS & CO.

Civ. No. 414.

59 F.Supp. 583 (1945)

GIRDLER CORPORATION v. E. I. DUPONT DE NEMOURS & CO.

District Court, D. Delaware.

March 23, 1945.

Attorney(s) appearing for the Case

Charles H. Walker (of Fish, Richardson & Neave), and Clair W. Fairbank (of Dean, Fairbank & Hirsch), all of New York City, Virgil E. Woodcock, of Philadelphia, Pa., and James R. Morford (of Marvel & Morford), all of Wilmington, Del., for plaintiff.

Albert T. St. Clair, Chester Biesterfeld, and Morris, Steel & Nichols, all of Wilmington, Del., for defendant.

LEAHY, District Judge.

Plaintiff sues for declaratory judgment that defendant's Pitman Reissue Patent No. 22,301 is invalid. Defendant counterclaimed, charging contributory infringement. The matter is here on summary judgment on a single issue. Argument on the pleadings, affidavits and depositions.

Defendant's original patent was issued July 20, 1937, on an application filed October 30, 1935. The rule of the patent is concerned with the use of high-frequency...

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