KOLLSMAN INSTRUMENT CORP. v. ASTEK INSTRUMENT CORP.


225 F.Supp. 534 (1964)

KOLLSMAN INSTRUMENT CORPORATION, Plaintiff, v. ASTEK INSTRUMENT CORP., Defendant.

United States District Court S. D. New York.

January 9, 1964.


Attorney(s) appearing for the Case

Ostrolenk, Faber, Gerb & Soffen, New York City, for plaintiff; Sidney G. Faber, New York City, of counsel.

Hubbell, Cohen & Stiefel, New York City, for defendant; Maurice B. Stiefel, New York City, of counsel.


WYATT, District Judge.

The motion is by defendant ("Astek") for a summary judgment in an action for patent infringement. The judgment is demanded on defendant's amended counterclaim for a declaratory judgment; the nature of the judgment demanded is that the device "presently being made and sold by defendant" (emphasis supplied) does not infringe the patent in suit. The motion is thus for a partial summary judgment and is authorized by Fed.R.Civ.P. 56(b).

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