MOOG, INC. v. PEGASUS LABORATORIES, INC.

Civ. A. No. 30888.

376 F.Supp. 445 (1974)

MOOG, INC., Plaintiff, v. PEGASUS LABORATORIES, INC., Defendant.

United States District Court, E. D. Michigan, S. D.

May 7, 1974.


Attorney(s) appearing for the Case

Alfonse J. D'Amico, Barnes, Kisselle, Raisch & Choate, Detroit, Mich., Kenneth R. Sommer, Buffalo, N.Y., for plaintiff.

Dale R. Small, Whitmore, Hulbert & Belknap, Detroit, Mich., Wm. L. Mathis, Joel M. Freed, Burns, Doane, Swecker & Mathis, Washington, D. C., Andrew J. Beck, Milwaukee, Wis., for defendant.


SECOND MEMORANDUM OPINION

FEIKENS, District Judge.

This is an action by Moog, Inc., a New York corporation, against Pegasus Laboratories, Inc., a Michigan corporation, for infringement of United States Patent No. 3,228,423, issued on January 11, 1966 to Moog for a dry motor type electrohydraulic servovalve. Pegasus contends the patent is unenforceable for failure to comply with 35 U.S.C. § 135(c), which requires interference parties to file with the...

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