TECHNITROL, INC. v. NCR CORPORATION

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 74-1904, 74-1905.

Attorney(S)

Theodore W. Anderson and William M. Wesley, Chicago, Ill., for NCR Corp. S.C. Yuter, New York City, for Technitrol.

Judges

Walter Joseph Cummings
Wilbur Frank Pell
Philip Willis Tone

Acts

Patents — Remedies For Infringement Of Patent, And Other Actions — Patents And Protection Of Patent Rights — Attorney Fees

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TECHNITROL, INC., PLAINTIFF-APPELLANT AND CROSS-APPELLEE, v. NCR CORPORATION, DEFENDANT-APPELLEE AND CROSS-APPELLANT.

PER CURIAM.

Plaintiff Technitrol, Inc. appeals from an order granting summary judgment, based upon laches, in favor of the defendant NCR Corporation. Defendant NCR Corporation cross-appeals from the same order, arguing that it should have been awarded attorney fees under 35 U.S.C. § 285. Although the District Court did not finally adjudicate the claims against another defendant, the order is appealable because it included a determination and direction for the entry of judgment as to NCR pursuant to Rule 54(b), Fed.R.Civ.P. We affirm the judgment of the District Court in all respects and adopt Parts I through IV of the memorandum opinion and order of that court, Technitrol, Inc. v. Memorex Corp., 376 F. Supp. 828 (N.D.Ill. 1974), as the opinion of this court.

Affirmed.

TECHNITROL, INC., PLAINTIFF-APPELLANT AND CROSS-APPELLEE, v. NCR CORPORATION, DEFENDANT-APPELLEE AND CROSS-APPELLANT.

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