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METAL FILM COMPANY v. METLON CORPORATION

No. 64 Civ. 508, Civ. No. 377.

272 F.Supp. 64 (1967)

METAL FILM COMPANY, Inc., Plaintiff, v. METLON CORPORATION and Acme Backing Corporation, Defendants. METLON CORPORATION and Acme Backing Corporation, Counter-claimants, v. METAL FILM COMPANY, Inc., and the Dow Chemical Company, Counter-defendants.

United States District Court S. D. New York.

July 5, 1967.

Attorney(s) appearing for the Case

Charles B. Smith, New York City, for plaintiff and counter-defendant, Metal Film Co.

Littauer, Gordon, Ullman & Riseman, New York City, for defendants and counter-claimants; Frank H. Gordon, New York City, of counsel.

PALMIERI, District Judge.

This is a patent infringement action in which defenses of patent misuse and antitrust violations have been asserted. The plaintiff and counter-defendant, Metal Film Company, Inc., has moved for a separate trial of the patent issues. Rule 42(b), Fed.R.Civ.P. The moving party also seeks leave to file a note of issue in the patent infringement action. The Dow Chemical Company, a counter-defendant, does not have the same interests in the litigation...

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