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BLONDER-TONGUE LABORATORIES, INC. v. UNIVERSITY OF ILLINOIS FOUNDATION

No. 338.

402 U.S. 313 (1971)

91 S.Ct. 1434

28 L.Ed.2d 788

BLONDER-TONGUE LABORATORIES, INC. v. UNIVERSITY OF ILLINOIS FOUNDATION ET AL.

Supreme Court of United States.

Decided May 3, 1971

Attorney(s) appearing for the Case

Robert H. Rines argued the cause for petitioner. With him on the brief were Richard S. Phillips, Paul J. Foley, and Nelson H. Shapiro.

William A. Marshall argued the cause for respondent University of Illinois Foundation. With him on the brief were Charles J. Merriam and Basil P. Mann. Sidney G. Faber argued the cause for respondent JFD Electronics Corp. With him on the brief were Jerome M. Berliner, Robert C. Faber, and Myron C. Cass.

Assistant Attorney General McLaren argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Griswold, Assistant Attorney General Gray, Peter L. Strauss, Howard E. Shapiro, and Walter H. Fleischer.

Briefs of amici curiae were filed by Donald R. Dunner, James B. Gambrell, and W. Brown Morton, Jr., for the American Patent Law Association; by Theodore W. Anderson for the Automatic Electric Co.; by Harold F. McNenny, John F. Pearne, and Walther E. Wyss for the Finney Co.; and by Joseph B. Brennan and Richard D. Mason for the Kawneer Co., Inc.

MR. JUSTICE WHITE delivered the opinion of the Court.

Respondent University of Illinois Foundation (hereafter Foundation) is the owner by assignment of U. S. Patent No. 3,210,767, issued to Dwight E. Isbell on October 5, 1965. The patent is for "Frequency Independent Unidirectional Antennas," and Isbell first filed his application May 3, 1960. The antennas covered are designed for transmission and reception of electromagnetic radio frequency signals used in many types...

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