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SYSTRON-DONNER CORP. v. PALOMAR SCIENTIFIC CORP.

No. 41353.

239 F.Supp. 148 (1965)

SYSTRON-DONNER CORPORATION, a Corporation, Plaintiff, v. PALOMAR SCIENTIFIC CORPORATION, a Corporation, et al., Defendants.

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

February 16, 1965.

Attorney(s) appearing for the Case

Flehr & Swain, San Francisco, Cal., for plaintiff.

Harvey G. Lowhurst, Palo Alto, Cal., for defendant.

SWEIGERT, District Judge.

This suit for patent infringement and unfair competition was filed March 3, 1963. The patents in suit are No. 3,057,195, issued October 9, 1962 and No. 3,074,279, issued January 22, 1963. Defendant answered, denying infringement and unfair competition, and raising the further separate and affirmative defense that in any event all sales of the accused device were for government end use within the meaning of 28 U.S.C. § 1498 and, further...

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