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REVLON, INC. v. CARSON PRODUCTS CO.

No. 82 Civ. 4326.

571 F.Supp. 466 (1983)

REVLON, INC., a Delaware corporation, Plaintiff, v. CARSON PRODUCTS CO., a Georgia corporation, Defendant.

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

September 23, 1983.

Attorney(s) appearing for the Case

Thomas G. Carulli, Gerald W. Griffin, Cooper, Dunham, Clark, Griffin & Moran, New York City, Herbert Cohen, George C. Myers, Jr., Wigman & Cohen, Arlington, Va., for plaintiff.

Gerard F. Dunne, Wyatt, Gerber, Shoup, Scobey & Badie, New York City, William H. Needle, Lawrence K. Nodine, Atlanta, Ga., for defendant.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff moves for summary judgment in this action for a declaratory judgment of invalidity, under 35 U.S.C. §§ 102 and 103, of two patents owned by defendant. The two patents relate to hair straightening and curling (waving) compounds and processes. Plaintiff claims that (1) both patents were anticipated by prior patents issued to L'Oreal in 1975 and by a 1933 article by E.K. Moore, "The Influence of Various...

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