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RIXON INC. v. RACAL-MILGO, INC.

Civ. A. No. 78-18.

551 F.Supp. 163 (1982)

RIXON INC., Plaintiff, v. RACAL-MILGO, INC., Defendant.

United States District Court, D. Delaware.

July 2, 1982.

Attorney(s) appearing for the Case

Robert K. Payson, Peter M. Sieglaff, Potter, Anderson & Corroon, Wilmington, Del., David W. Plant, Laurence S. Rogers, Norman H. Beamer, Albert E. Fey, Robert C. Morgan, Kevin J. Arquit, Fish & Neave, New York City, for plaintiff.

James L. Holzman, Michael Hanrahan, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., Harold L. Jackson, Stanley R. Jones, Albin H. Gess, Larry K. Roberts, Jackson, Jones & Price, Tustin, Cal., for defendant.

OPINION

STAPLETON, District Judge:

Rixon, Inc. here seeks a declaratory judgment that certain United States patents held by Racal-Milgo, Inc. ("Milgo") are invalid, unenforceable and uninfringed. Milgo has counterclaimed for relief against alleged infringements by Rixon, Inc. For present purposes our focus is on three patents — No. 3,524,023 ("Whang '023"), issued to Sang Whang; No. 3,643,023 ("Payne '023"), issued to Paul Payne and Robert Ragsdale...

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