Neff Instrument Corporation v. Cohu Electronics, Inc., and Neely Enterprises, Cohu Electronics, Inc., and Neely Enterprises v. Neff Instrument Corporation

298 F.2d 82 132 U.S.P.Q. 98 NEFF INSTRUMENT CORPORATION, Appellant, v. COHU ELECTRONICS, INC., and Neely Enterprises, Appellees. COHU ELECTRONICS, INC., and Neely Enterprises, Appellants, v. NEFF INSTRUMENT CORPORATION, Appellee. No. 16951. United States Court of Appeals Ninth Circuit. Dec. 11, 1961. Fraser & Bogucki, by Robert H. Fraser and Raymond A Bogucki, Los Angeles, Cal., for appellant Neff Instrument Corp. Lyon & Lyon, by Charles Lyon, Los Angeles, Cal., for appellee Cohu Electronics. Before BARNES, HAMLEY and DUNIWAY, Circuit Judges. BARNES, Circuit Judge. 1 This is an appeal and a cross-appeal from an action brought in the United States District Court by plaintiff 1 for infringement of United States Letters Patent No. 2,832,848 by defendant. In a prior appeal 2 this court reversed the entry of a summary judgment by the district court. After a supplemental complaint had been filed and answered, the case was tried and the district court entered a judgment holding the patent valid but not infringed. No issues here involved were present in the prior appeal. Plaintiff appeals from the district court's holding that the patent was not infringed. Defendant appeals from…