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RESEARCH FRONTIERS INC. v. MARKS POLARIZED CORP.

No. 67 Civ. 1149.

290 F.Supp. 725 (1968)

RESEARCH FRONTIERS INCORPORATED, Plaintiff, v. MARKS POLARIZED CORPORATION, Alvin M. Marks and Mortimer M. Marks, Defendants, and Robert Saxe, Morton Berger and Robert Thompson, Counter-Defendants.

United States District Court E. D. New York.

September 30, 1968.

Attorney(s) appearing for the Case

Feldshuh & Frank, New York City, Sidney Feldshuh, New York City, of counsel, for plaintiff.

Hopgood & Calimafde, New York City, John M. Calimafde, New York City, of counsel, for defendants.

OPINION AND ORDER

JUDD, District Judge.

A motion to dismiss the complaint raises the question whether plaintiff has stated a claim for infringement of patents of which it is the exclusive licensee, or merely a claim for breach of the license agreements.

The complaint recites that plaintiff holds exclusive licenses from defendants to make, use and sell products and processes embodying inventions covered by certain patents. The agreements name twenty...

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