OPINION
BOWNES, District Judge.
This patent case was initiated by the Nashua Corporation on December 31, 1968, as a suit for a declaratory judgment raising the issues of the validity and infringement of RCA Corporation's Patent No. 3,052,540 [hereinafter 540]. The complaint also alleged a claim for a refund of royalties paid to RCA by Nashua pursuant to a license agreement under the patent.
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