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NIASH REF. CO. v. AVEDON MFG. CORP.

15 Misc.2d 870 (1959)

Niash Refining Company, Inc., Plaintiff, v. Avedon Manufacturing Corp., Defendant.

Supreme Court, Special Term, New York County.

January 10, 1959.

Attorney(s) appearing for the Case

Hyman Finkelson for plaintiff.

Mock & Blum for defendant.

SAMUEL H. HOFSTADTER, J.

Plaintiff moves for an order striking out the answer containing denials and two defenses and for judgment on the complaint and for severance with respect to the counterclaim. The action is to recover royalties under a nonexclusive licensing agreement between the plaintiff patentee and the defendant.

The involved patent has been adjudged invalid. Such invalidity may be urged...

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