OPINION
SWEET, District Judge.
Defendant Sears, Roebuck & Co. ("Sears") has moved for partial summary judgment against plaintiffs Refac Electronics Corporation and Refac Technology Development Corporation (collectively "Refac") pursuant to Rule 56, Fed.R.Civ.P. Refac has cross moved for sanction against Sears pursuant to Rule 11, Fed.R.Civ.P. For the reasons set forth below both the motion and the cross motion are denied.
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