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ELITE LICENSING, INC. v. THOMAS PLASTICS, INC.

No. 02 Civ. 4847(SAS).

250 F.Supp.2d 372 (2003)

ELITE LICENSING, INC., Plaintiff, v. THOMAS PLASTICS, INC. d/b/a Merchandising Resources, Inc.; Larry Schwarz; Mimet, S.A.; Mimet USA, LLC; the Linder Group; and Nathan Linder, Defendants.

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

March 17, 2003.

Attorney(s) appearing for the Case

Martin B. Pavane, Myron Cohen, Roger S. Thompson, Cohen, Pontani, Lieberman & Pavane, New York City, for Plaintiff.

Arthur M. Lieberman, Abbey Green, Lieberman & Nowak, LLP, New York City, Richard Ross, Davie, FL, for Defendants.

MEMORANDUM OPINION AND ORDER

SCHEINDLIN, District Judge.

This is an action for infringement of United States Patent No. 5,813,569 ("the '569 Patent") for a point-of-sale merchandiser ("merchandiser"). A merchandiser dispenses cooled products (e.g., soda cans) at the point of sale, usually at checkout counters in delicatessens or supermarkets, and is commonly referred to as a "pop-up cooler".<...

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