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CTS CORP. v. ELECTRO MATERIALS CORP. OF AMERICA

No. 70 Civ. 433 (JMC).

469 F.Supp. 801 (1979)

CTS CORPORATION, Plaintiff, v. ELECTRO MATERIALS CORP. OF AMERICA, Defendant.

United States District Court, S. D. New York.

February 26, 1979.

Attorney(s) appearing for the Case

Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill. (Walther E. Wyss, Warren D. McPhee, Joseph Krieger, Chicago, Ill., of counsel), Gilbert, Segall & Young, New York City (Bernard J. Rosenthal, New York City, of counsel), for plaintiff CTS Corp.

Amster & Rothstein, New York City (Alfred B. Engelberg, Daniel Ebenstein, New York City, of counsel), for defendant Electro Materials Corp. of America.

OPINION

CANNELLA, District Judge:

After a bench trial, the Court grants defendant judgment on its counterclaim and declares Faber, et al., U. S. Patent No. 3,304,199, invalid. 35 U.S.C. §§ 102, 103.

The complaint, charging defendant with patent infringement, is dismissed.

Jurisdiction is based on the federal patent laws. 28 U.S.C. § 1338.

Plaintiff CTS Corporation ["CTS"] is an Indiana corporation with its principal...

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