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PHILCO CORPORATION v. RADIO CORPORATION OF AMERICA

Civ. A. No. 2369.

276 F.Supp. 24 (1967)

PHILCO CORPORATION, Plaintiff, v. RADIO CORPORATION OF AMERICA, Defendant.

United States District Court D. Delaware.

September 1, 1967.

Attorney(s) appearing for the Case

Alexander L. Nichols, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Thomas M. Ferrill, Jr., Allen V. Hazeltine and Roger N. Coe, Philadelphia, Pa., of counsel, for plaintiff.

Rodney M. Layton, of Richards, Layton & Finger, Wilmington, Del., Richard E. Lyon, Los Angeles, Cal., and A. Russinoff, Princeton, N. J., of counsel, for defendant.

OPINION

CALEB M. WRIGHT, Chief Judge.

This action is brought by the Philco Corporation (Philco) against the Radio Corporation of America (RCA) in order to secure the reversal of the Board of Patent Interferences' award of priority to RCA in Interference 87,543. 35 U.S.C.A. § 146 (1954). The interference was declared in 1955 between Boothroyd and Creamer, who assigned their invention to Philco, and RCA's assignor, Ballard. Ballard's application had been...

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