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  5. 149 F.Supp.2d 60 (2001)
 

HSIN TEN ENTERPRISE USA, INC. v. CLARK ENTERPRISES

No. 00 CIV. 5878(SAS).

149 F.Supp.2d 60 (2001)

HSIN TEN ENTERPRISE USA, INC., Plaintiff, v. CLARK ENTERPRISES, Defendant.

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

July 5, 2001.

Attorney(s) appearing for the Case

Martin G. Raskin, Joshua L. Raskin, Steinberg & Raskin, P.C., New York City, for Plaintiff.

Arlen L. Olsen, Schmeiser, Olsen & Watts, Latham, NY, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

This is a patent infringement action in which plaintiff Hsin Ten Enterprise USA, Inc. ("Hsin Ten") alleges that defendant Clark Enterprises infringed upon Hsin Ten's United States Design Patent number Des. 329,499 ("the '499 patent" or "design patent"). See Defendant Clark Enterprises Memorandum re: Patent Claim Construction ("Def.Mem.") at 1.

Before the fact-finder can determine whether...

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