MEMORANDUM OPINION
DOWD, District Judge.
This case involves a patent on a mining tool bit described and claimed by plaintiff Leroy E. Den Besten and James O'Connell in U.S. Patent Application Serial No. 944,011. O'Connell assigned his rights in the patent application to Mining Tools, Inc. (hereinafter "Mining Tools") in an agreement of April 3, 1979. Smith International, Inc. (hereinafter "Smith") subsequently acquired Mining Tools and became the successor...
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