MEDTRONIC, INC. v. AMERICAN OPTICAL CORPORATION

No. 4-70-Civ. 472.

327 F.Supp. 1327 (1971)

MEDTRONIC, INC., Plaintiff, v. AMERICAN OPTICAL CORPORATION, Defendant.

United States District Court, D. Minnesota, Fourth Division.

April 23, 1971.


Attorney(s) appearing for the Case

Tom Arnold, Arnold, White & Durkee, Houston, Tex., Lawrence Perlman, Fredrikson, Byron & Colborn, Minneapolis, Minn., for plaintiff.

Benno F. Wolff, Oppenheimer, Brown, Wolff, Leach & Foster, St. Paul, Minn., Stanton T. Lawrence, Jr., Pennie, Edmonds, Morton, Taylor & Adams, New York City, for defendant.


MEMORANDUM DECISION

LARSON, District Judge.

This is an action for declaratory relief under 28 U.S.C. §§ 2201 and 2202. Plaintiff Medtronic, Inc. seeks a declaratory judgment that two patents of defendant American Optical Corporation are invalid and that no heart pacemaker of plaintiff has infringed either patent. In addition, plaintiff seeks to enjoin defendant from both collecting royalties from plaintiff in consideration for a license under the...

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