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UNITED STATES v. FMC CORP.

Civ. A. No. 80-1570.

514 F.Supp. 1166 (1981)

UNITED STATES of America v. FMC CORPORATION.

United States District Court, E. D. Pennsylvania.

May 21, 1981.

Attorney(s) appearing for the Case

Kurt Shaffert, Geraldine F. Katz, U. S. Dept. of Justice, Antitrust Division, Washington, D. C., for plaintiff.

Mari M. Gursky, Dechert, Price & Rhoads, Philadelphia, Pa., for defendant; Joseph M. Fitzpatrick, Fitzpatrick, Cella, Harper & Scinto, New York City, of counsel.

MEMORANDUM

CAHN, District Judge.

The United States has sued FMC Corporation ("FMC") for an alleged violation of 35 U.S.C. § 135(c). Section 135(c) requires parties to patent interference settlements to file any resulting settlement agreements with the United States Patent and Trademark Office. FMC has moved to dismiss the suit on the ground that § 135(c) does not establish a right of action in the United States, but only a defense available to...

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