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ZENITH RADIO CORP. v. DICTOGRAPH PRODUCTS CO.

Civ. A. No. 747.

66 F.Supp. 473 (1946)

ZENITH RADIO CORPORATION v. DICTOGRAPH PRODUCTS CO., Inc.

District Court, D. Delaware.

July 12, 1946.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City, and E. Ennalls Berl (of Southerland, Berl & Potter), of Wilmington Del., for plaintiff.

Walter H. Free (of Campbell, Brumbaugh & Free), of New York City, and Arthur G. Connolly, of Wilmington, Del., for defendant.

LEAHY, District Judge.

1. On the facts alleged in the complaint and if the allegations are proven, there can be no doubt a justiciable controversy exists and a claim for relief has been stated. The only point left is whether this action should be restrained. To crystallize the issues further, the issues of non-infringement and validity of defendant's patents directed at the "Zenith" hearing aids are the same in New York as here. But the question remains whether the...

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