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LEMELSON v. FISHER PRICE CORP.

No. 81 Civ. 4509.

545 F.Supp. 973 (1982)

Jerome H. LEMELSON, Plaintiff, v. FISHER PRICE CORPORATION, Defendant.

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

August 17, 1982.

Attorney(s) appearing for the Case

Arthur T. Fattibene, New York City, for plaintiff.

Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, for defendant; John M. Calimafde, James J. Foster, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, Jerome H. Lemelson, commenced this action against defendant, Fisher Price Corporation, for infringement of a patent covering a sound-producing bellows for use in noise-making toys. The patent was issued on June 20, 1961; it expired on June 20, 1978.

The defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the ground that because it was not notified...

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