MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
Plaintiff Joslyn Corporation brings this action charging RTE Corporation with infringement of its patent No. 4,161,012 ("'012 Patent") on the Cunningham Device, a surge arrester which protects electrical equipment from sudden electrical surges. RTE now moves for summary judgment which, for the reasons stated herein, we deny.
I
On July 10, 1979...
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