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PENTECH INTERN., INC. v. HAYDUCHOK

No. 87 CIV 7233 (KTD).

931 F.Supp. 1167 (1996)

PENTECH INTERNATIONAL, INC., Plaintiff, v. Leon HAYDUCHOK, All-Mark Corporation, Inc., and Paradise Creations, Inc., Defendants. ALL-MARK CORPORATION, INC. and Paradise Creations, Inc., Counterclaim-Plaintiffs, v. PENTECH INTERNATIONAL, INC. and Norman Melnick, Counterclaim-Defendants.

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

July 30, 1996.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City (Steven B. Pokotilow, Matthew W. Siegal, of counsel), for Counterclaim-Plaintiff Paradise Creations, Inc.

Kalin & Banner, New York City (Robert A. Banner, Susan B. Ratner, of counsel), for Counterclaim-Defendant Pentech International, Inc.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

In November 1990, Judge Pierre N. Leval, then a District Judge, determined after a bench trial that Counterclaim-Defendant Pentech International, Inc. ("Pentech") had literally infringed United States Patent Number 4,681,471 ("the patent"), which was licensed exclusively to Counterclaim-Plaintiff Paradise Creations, Inc. ("Paradise").1 When Judge Leval assumed the...

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