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CONSTRUCTION TECHNOLOGY, INC. v. LOCKFORMER CO.

No. 86 Civ. 9457 (MBM).

713 F.Supp. 100 (1989)

CONSTRUCTION TECHNOLOGY, INC., Plaintiff, v. The LOCKFORMER COMPANY, Delta Sheet Metal Corp., and P & P Sheet Metal Works, Inc., Defendants. The LOCKFORMER COMPANY, Counter-Plaintiff, v. CONSTRUCTION TECHNOLOGY, INC. and Richard W. Levine, Counter-Defendants.

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

May 15, 1989.

Attorney(s) appearing for the Case

Edward D. Greason, George E. Badenoch, Louis C. Dujmich, Mark D. Giarratana, Kenyon & Kenyon, and Irwin P. Underweiser, Jay H. Landau, John Byrne, Underweiser & Underweiser, New York City, for plaintiff.

Thomas L. Abrams, Jones, Day, Reavis & Pogue, New York City, for defendant Lockformer Co.

AMENDED OPINION AND ORDER

MUKASEY, District Judge.

Defendant The Lockformer Company moves to dismiss this patent infringement action on two grounds: first, that all of the claims in one of the two patents in suit and two of the claims in the other are invalid because one of the inventions at issue was on sale more than one year before a patent application was filed; second, that plaintiff's failure to disclose to the patent examiner prior art and plaintiff...

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