GFI, INC. v. FRANKLIN INDUSTRIES

No. 3:97CV16-D-A.

55 F.Supp.2d 565 (1999)

GFI, INC., Plaintiff, v. FRANKLIN INDUSTRIES, Astro Lounger Furniture Manufacturing, Parkhill Furniture, Inc., and Washington Furniture Mfg., Defendants.

United States District Court, N.D. Mississippi, Western Division.

April 23, 1999.


Attorney(s) appearing for the Case

Thomas J. Suszek, Holcomb Dunbar, Oxford, MS, James J. Foster, Douglas R. Wolf, Matthew B. Lowrie, Wolf, Greenfield & Sacks, Boston, MA, J.T. Martin, Washington, DC, for Plaintiff.

Claude F. Clayton, Jr., Mitchell, McNutt, Threadgill, Smith & Sams, Tupelo, MS, V. Bryan Medlock, Jr., David Hitchcock, Sidley & Austin, Dallas, TX, Norwood Robinson, Robinson & Lawing, L.L.P., Winston-Salem, NC, Kenneth M. Burns, Okolona, MS, Raymond G. O'Neal, III, Mills and O'Neal, Fulton, MS, James H. Kelley, Edgartown, MA, John M. Creekmore, Amory, MS, for Defendants.


OPINION

DAVIDSON, District Judge.

Presently before the court is the Plaintiff's "Renewed Motion to Dismiss Counterclaims with Respect to the `2l3 Patent."1 The counterclaims which the Plaintiff asks this court to dismiss are all actions for a declaratory judgment that United States Patent No. 5,480,213 (the `2l3 patent) is invalid, unenforceable and not infringed. In its motion, the Plaintiff argues that those counterclaims...

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