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INTERTECH LICENSING v. BROWN & SHARPE MFG. CO.

Civ. A. No. 83-220-JLL.

708 F.Supp. 1423 (1989)

INTERTECH LICENSING CORPORATION, Plaintiff, v. BROWN & SHARPE MANUFACTURING COMPANY, INC., Defendant.

United States District Court, D. Delaware.

March 8, 1989.

Attorney(s) appearing for the Case

Jeffrey M. Weiner, Wilmington, Del., and Ronald R. Snider, Washington, D.C., of counsel, for plaintiff.

Allen M. Terrell, Jr. and David Johnson-Glebe of Richards, Layton & Finger, Wilmington, Del., and David Wolf, James J. Foster, and Ted Naccarella of Wolf, Greenfield & Sacks, P.C., Boston, Mass., of counsel, for defendant.

OPINION

LATCHUM, Senior District Judge.

This patent infringement action involving U.S. Patent No. 3,226,833 ("the '833 patent") has an unusual history. It is remarkable because of the long delays surrounding its enforcement against the defendant and because plaintiff's legal position has materially shifted over the years.

Defendant Brown & Sharpe Manufacturing Company, Inc. ("Brown & Sharpe"), throughout the life of this litigation, has asserted...

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