DROBBIN v. NICOLET INSTRUMENT CORP.

Nos. 85 Civ. 6118-CSH, 85 Civ. 6151-CSH.

631 F.Supp. 860 (1986)

Mitchell DROBBIN, Intervening-Plaintiff, v. NICOLET INSTRUMENT CORPORATION, Barry Kass, William Stewart, Keith Brue, Robert Penrod, Russell B. Cichy and Braintech, Inc., Defendants. BRAINTECH, INC. and Nicolet Instrument Corporation, Plaintiffs, v. James C. COURI and Poseidon Capital Corp., Defendants. POSEIDON CAPITAL CORP., Counterclaim Plaintiff, v. NICOLET INSTRUMENT CORPORATION, and Braintech, Inc., Counterclaim Defendants, and Barry Kass, William Stewart, John B. Krauss, Keith Brue, Robert Penrod, and Russell Cichy, Additional Counterclaim Defendants.

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

February 21, 1986.


Attorney(s) appearing for the Case

Baer Marks & Upham, New York City (Barry J. Mandel and Deborah R. Linfield, of counsel), for Braintech, Inc.

Weil, Gotshal & Manges, New York City (Dennis J. Block, Joseph S. Allerhand and Myrna S. Levine, of counsel), for Nicolet Instrument Corp.

Skadden, Arps, Slate, Meagher & Flom, New York City (Peggy L. Kerr, Stephen M. Axinn and Jane Bello Burke, of counsel), for Poseidon Capital Corp. and James C. Couri.

Lowey, Dannenberg & Knapp, P.C., New York City (Stephen Lowey and Richard Bemporad, of counsel), for Mitchell Drobbin.


MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

These actions are brought under the federal securities laws. State statutory and common law claims are also asserted by pendent jurisdiction. In addition, it appears that subject matter jurisdiction derived from diversity of citizenship exists.

The litigation represents, in essence, efforts by competing interests to obtain control of a corporation which owns, or is the exclusive licensee, of patents...

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