Servo Corporation of America, and Cross-Appellant v. General Electric Company, and Cross-Appellee

Fourth Circuit

Servo Corporation of America, and Cross-Appellant v. General Electric Company, and Cross-Appellee

342 F.2d 993, 144 U.S.P.Q. (BNA) 561

Court of Appeals for the Fourth Circuit·Decided February 18, 1965·No. 9190_1·Published·Cited by 4 cases

Opinion

PER CURIAM.

After careful consideration, the court being of the opinion that no good cause is shown, the petitions to rehear filed by both the parties to this appeal are denied.

We think it consistent with the opinion heretofore filed that the district court should allow Servo damages only for General Electric’s appropriation of that portion of its work which was not publicly disclosed prior to the visit to Salisbury on April 10, 1958, and that these damages should be measured by General Electric’s cost of acquiring the same information by its own experimentation. It is, therefore,

Ordered that the said petitions be, and they are hereby, denied.

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PER CURIAM.

After careful consideration, the court being of the opinion that no good cause is shown, the petitions to rehear filed by both the parties to this appeal are denied.

We think it consistent with the opinion heretofore filed that the district court should allow Servo damages only for General Electric’s appropriation of that portion of its work which was not publicly disclosed prior to the visit to Salisbury on April 10, 1958, and that these damages should be measured by General Electric’s cost of acquiring the same information by its own experimentation. It is, therefore,

Ordered that the said petitions be, and they are hereby, denied.

Servo Corporation of America, and Cross-Appellant v. General Electric Company, and Cross-Appellee, 342 F.2d 993, 144 U.S.P.Q. (BNA) 561 (4th Cir. 1965).

Pincite

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Opinion

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