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JOY TECHNOLOGIES, INC. v. FLAKT, INC.

Civ. A. No. 89-533-JJF.

901 F.Supp. 180 (1995)

JOY TECHNOLOGIES, INC., A/S Niro Atomizer, Plaintiffs, v. FLAKT, INC., Defendant.

United States District Court, D. Delaware.

October 2, 1995.

Attorney(s) appearing for the Case

Collins J. Seitz, Jr., of Connolly Bove Lodge & Hutz, Wilmington, Delaware. Robert A. Schroeder, Edward G. Poplawski, and Paul D. Tripodi, of Pretty, Schroeder, Brueggemann & Clark, Los Angeles, California. Attorneys for Plaintiff Joy Technologies, Inc.

James C. Doub, Daniel R. Lanier, of Miles & Stockbridge. Attorneys for Plaintiff A/S NIRO Atomizer.

Allen M. Terrell, Jr., and Frederick L. Cottrell, III, of Richards Layton & Finger, Wilmington, Delaware. Ronald J. St. Onge, William J. Speranza, and Stephen P. McNamara, of St. Onge Steward Johnston & Reens, Stamford, Connecticut. Attorneys for Defendant Flakt, Inc.

MEMORANDUM OPINION

FARNAN, District Judge.

This is an action for infringement of U.S. Patent No. 4,279,873 ("the '873 patent") commenced on September 28, 1989. On January 24, 1992 the Court entered judgment in favor of the Plaintiffs ("Joy" and "NIRO") based on a jury verdict that the '873 patent was valid and had been infringed. The Defendant ("Flakt") appealed, and the Federal Circuit affirmed the judgment. The Federal Circuit is currently considering...

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