RHODES PHARMACAL CO. v. DOLCIN CORPORATION


91 F.Supp. 87 (1950)

RHODES PHARMACAL CO., Inc., v. DOLCIN CORPORATION.

United States District Court S. D. New York.

June 2, 1950.


Attorney(s) appearing for the Case

Pennie, Edmonds, Morton & Barrows, New York City, for plaintiff.

A. Abba Orlinger, New York City, for defendant.


IRVING R. KAUFMAN, District Judge.

Plaintiff has brought suit in two counts against the defendant; the first count is for a declaratory judgment as to infringement and the validity of defendant's patent No. 2,471,394; count II is for unfair competition. Defendant has moved to dismiss, and alternatively to strike certain portions from, both counts of the complaint, as amended.

The motions to dismiss can be considered together. The defendant alleges that a justiciable...

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