Opinion · Court of Appeals for the Seventh Circuit

Technitrol, Inc. v. NCR Corp.

Technitrol, Inc. v. NCR Corp., 513 F.2d 1130 (7th Cir. 1975)

Type: Opinion
Court: Court of Appeals for the Seventh Circuit
Jurisdiction: Federal
Date: 1975-04-18
Topic: litigation

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.

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Cited by: 5 opinions

TECHNITROL, INC. v. NCR CORPORATION,513 F.2d 1130(7th Cir. 1975)

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 February 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.

Appeal from the United States District Court for the Northern District of Illinois.

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 under35 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 Rule54(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.Page 1137