Digital Equipment Corp. v. Parker

MEMORANDUM OF DECISION

ZOBEL, District Judge.

This is an action to set aside a 1978 decision by the U. S. Patent and Trademark Office (USPTO) which arises in the course of continuing patent infringement proceedings involving plaintiff Digital Equipment Corporation (“Digital,” “DEC”), defendantintervenor Computer Operations, Inc. (“COI”), a competitor, and United States Patent No. 3,387,293, obtained by Digital in 1968 for a computer data storage and retrieval system. In the course of a 1974 antitrust action by COI 1 , Digital sought to bolster its claim to the patented system by applying to the…