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CROSMAN CORPORATION v. HECKLER & KOCH, INC.

08-CV-6034 (CJS)

CROSMAN CORPORATION, Plaintiff, v. HECKLER & KOCH, INC., Defendant.

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

September 16, 2008.

Attorney(s) appearing for the Case

For Plaintiff: Jerauld E. Brydges, Esq. Stephen B. Salai, Esq. Harter, Secrest and Emery, LLP Bausch & Lomb Place Rochester, New York.

For Defendants: Heidi Schenk Martinez, Esq. Thomas E. Reidy, Esq. Ward, Norris, Heller & Reidy, LLP State Street, Rochester, New York.

Sean J. Kirby, Esq. Theodore C. Max, Esq. Sheppard Mullin Richter & Hampton LLP Rockefeller Plaza, New York, New York.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

In this action, Plaintiff Crosman Corporation ("Plaintiff"), a manufacturer of air guns, seeks a declaratory judgment that its Pulse R74 Electric Soft Air Rifle does not infringe the intellectual property rights of Defendant Heckler & Koch, Inc. ("Defendant"). Now before the Court is Defendant's motion [#20] captioned, "Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(4), 12...

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