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Technitrol, Inc., and Cross-Appellee v. Ncr Corporation, and Cross-Appellant
513 F.2d 1130
| 7th Cir. | 1975
|
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513 F.2d 1130

TECHNITROL, INC., Plaintiff-Appellant and Cross-Appellee,
v.
NCR CORPORATION, Defendant-Appellee and Cross-Appellant.

Nos. 74-1904, 74-1905.

United States Court of Appeals,
Seventh Circuit.

Argued Feb. 21, 1975.
Decided April 18, 1975.

Theodore W. Anderson and William M. Wesley, Chicago, Ill., for NCR corp.

S. C. Yuter, New York City, for Technitrol.

Before CUMMINGS, PELL and TONE, Circuit Judges.

PER CURIAM.

1

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.

2

Affirmed.

Case Details

Case Name: Technitrol, Inc., and Cross-Appellee v. Ncr Corporation, and Cross-Appellant
Court Name: Court of Appeals for the Seventh Circuit
Date Published: Apr 18, 1975
Citation: 513 F.2d 1130
Docket Number: 74-1904
Court Abbreviation: 7th Cir.
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