REEVES, District Judge.
On motion to dismiss and for summary judgment under Rule 56, Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, defendant seeks dismissal of this action upon several alleged grounds. It avers that:
(a) The plaintiff's delay in bringing the suit with knowledge of the facts precludes recovery.
(b) As to one of the patents an adjudication of invalidity between the plaintiffs and another alleged infringer...
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