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AM. TELEPHONE & TELEGRAPH CO. v. MILGO ELECTRONIC CORP.

No. 76 Civ. 996.

416 F.Supp. 951 (1976)

AMERICAN TELEPHONE & TELEGRAPH COMPANY et al., Plaintiffs, v. MILGO ELECTRONIC CORPORATION and International Communications Corporation, Defendants.

United States District Court, S. D. New York.

June 24, 1976.

Attorney(s) appearing for the Case

Fish & Neave, New York City, for plaintiffs; Albert E. Fey, New York City, of counsel.

Morgan, Finnegan, Pine, Foley & Lee, New York City, for defendants.

WHITMAN KNAPP, District Judge.

This is an action for a declaratory judgment of patent invalidity and noninfringement and for a determination of priority of invention. Here involved is the defendant Milgo Electronic Corporation's ("Milgo") motion to dismiss, or alternatively, to stay plaintiffs' second cause of action, which purports to state a claim of interference under 35 U.S.C. § 291.1 The allegedly interfering patents in the ...

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