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TM PATENTS v. INTERNATIONAL BUSINESS MACHINES

No. 97 Civ. 1529(CM).

72 F.Supp.2d 370 (1999)

TM PATENTS, L.P and TM Creditors, L.L.C., Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

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

November 8, 1999.

Attorney(s) appearing for the Case

Stephen B. Judlowe and Dennis J. Mondolino, Hopgood Calimafde Kalil & Judlowe LLP, New York City, for plaintiffs.

Christopher A. Hughes and Christopher K. Hu, Morgan & Finnegan, New York City, for defendant.

OPINION AND ORDER FOLLOWING MARKMAN HEARING

McMAHON, District Judge.

Plaintiffs TM Patents, a Delaware limited partnership formed under the Plan of Reorganization of Thinking Machines Corporation ("Thinking Machines") for the purpose of recovering for infringement of the corporation's patents, and TM Creditors, a Delaware limited liability corporation that represents the interests of the bankrupt's unsecured creditors, are shared

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