Alco Standard Corp. v. Tennessee Valley Authority

ORDER DENYING SUMMARY JUDGMENT

HORTON, District Judge.

The plaintiff, an assignee of a patent, has sued for damages based on the alleged in*432fringement of six of its patent claims on an ultrasonic inspection device for turbine rotors. The third party defendant, Westinghouse, has moved for summary judgment under the 35 U.S.C. § 102(b) defense of anticipation based on an alleged description of the invention in a publication more than one year prior to the patent application. The court finds that the article which contained the alleged description does not meet the full, clear and exact standard of…