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YAVITCH v. SEEWACK

No. 17573.

323 F.2d 561 (1963)

Morris YAVITCH and Gerald Yavitz, Appellants, v. Benjamin SEEWACK, Appellee.

United States Court of Appeals Ninth Circuit.

October 9, 1963.

Attorney(s) appearing for the Case

Fulwider, Mattingly & Huntley, and Francis A. Utecht, Los Angeles, Cal., for appellants.

Herzig & Walsh, and Albert M. Herzig, Los Angeles, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and PENCE, District Judge.

BARNES, Circuit Judge.

This was a suit alleging infringement of United States Letters Patent No. 2,780,303 and Reissue Patent No. Re. 24,690. The defense was (a) lack of notice as to the Reissue Patent; (b) lack of invention; (c) lack of infringement; (d) invalidity for vagueness; (e) invalidity for overclaiming; (f) invalidity because of prior art; (g) file wrapper estoppel; (h) invalidity of the Reissue Patent oath. Defendant also counterclaimed, alleging an antitrust...

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