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NELSON PLANNING LIMITED v. TEX-O-GRAPH CORPORATION

No. 63 Civ. 1829.

280 F.Supp. 226 (1968)

NELSON PLANNING LIMITED, Plaintiff, v. TEX-O-GRAPH CORPORATION, Defendant, Willcox & Gibbs Sewing Machine Company, Counterclaim Defendant.

United States District Court S. D. New York.

February 2, 1968.

Attorney(s) appearing for the Case

Davis, Hoxie, Faithfull & Hapgood, New York City, for plaintiff, William F. Kilgannon and Douglas E. Whitney, New York City, of counsel.

William R. Liberman, New York City, of counsel, and Paul M. Craig, Jr., Washington, D. C., for defendant.

OPINION AND FINDINGS

POLLACK, District Judge.

1. This is an action for infringement of the United States letters patent number 2,842,772 (hereinafter referred to as the '772 patent) under the patent laws of the United States. The defendant seeks a declaration of invalidity of the patent and a declaration of non-infringement, and asserts other counterclaims against the plaintiff and an impleaded party defendant claiming unfair competition, antitrust violation...

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