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FUJI MACH. MFG. CO., LTD. v. HOVER-DAVIS, INC.

No. 96-CV-6087L.

936 F.Supp. 93 (1996)

FUJI MACHINE MANUFACTURING CO., LTD., Plaintiff, v. HOVER-DAVIS, INC., Defendant.

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

September 6, 1996.

Attorney(s) appearing for the Case

Henry R. Ippolito, Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, NY, James A. Oliff, Darle M. Short, Glenn T. Barrett, Oliff & Berridge, Alexandria, VA, for plaintiff Fuji Machine Manufacturing Co., Ltd.

James Metzler, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, for defendant Hover-Davis, Inc.

DECISION AND ORDER

LARIMER, Chief Judge.

Fuji Machine Manufacturing Company ("Fuji") brings this action, pursuant to 35 U.S.C. §§ 271 and 281, against Hover-Davis, Inc. ("Hover-Davis"), alleging patent infringement.

Pending before me is Hover-Davis's motion to dismiss Fuji's complaint, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted.

FACTUAL BACKGROUND

On April 26...

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