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LYOPHILE-CRYOCHEM CORP. v. CUTTER LABORATORIES

No. 26970-R.

78 F.Supp. 905 (1948)

LYOPHILE-CRYOCHEM CORPORATION et al. v. CUTTER LABORATORIES, Inc.

District Court, N. D. California, S. D.

August 9, 1948.

Attorney(s) appearing for the Case

Naylor & Lassagne and Theodore H. Lassagne, all of San Francisco, Cal., and Frank E. Barrows and Roger T. McLean, both of New York City, for plaintiffs.

Mellin & Hanscom, Oscar A. Mellin, LeRoy Hanscom, and Jack E. Hursh, all of San Francisco, Cal., for defendant.

YANKWICH, District Judge.

The counterclaim and cross-claim of the defendant, Cutter Laboratories, Inc., seeking a declaration of rights against the plaintiff, heretofore tried, argued and submitted, is now decided as follows:

I

On stipulation of counsel, declaration is ordered in favor of the defendant that the Barr Patent, Letters Patent No. 2,353,986, is invalid.

II

Declaration is ordered in favor of the plaintiffs that Reichel...

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