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MPEG LA v. AUDIOVOX ELECS.

24678-2008

33 Misc.3d 802 (2011)

933 N.Y.S.2d 815

2011 NY Slip Op 21260

MPEG LA, LLC, Plaintiff, v. AUDIOVOX ELECTRONICS CORPORATION et al., Defendants. (Action No. 1.) AUDIOVOX ELECTRONICS CORPORATION, Third-Party Plaintiff, v. ACTION ELECTRONICS CO., LTD., et al., Third-Party Defendants. (Action No. 2.)

Supreme Court, Suffolk County.

Decided July 27, 2011.

Attorney(s) appearing for the Case

Sullivan & Cromwell, LLP, New York City ( Garrard R. Beeney , Adam Brebner and Andrew Gelfand of counsel), for plaintiff. Winston & Strawn, LLP, New York City ( Michael S. Elkin , Scott Samay and Jacqueline Russo of counsel), and Levy, Stopol & Camelo, LLP, Uniondale ( Robert S. Levy of counsel), for defendant and third-party plaintiff. Vanderberg & Feliu, LLP, New York City ( Robert Bernstein of counsel), for third-party defendants.

OPINION OF THE COURT

EMILY PINES, J.

This contract action requires the court to determine the interplay between New York's contract law and federal doctrines governing the general field of patent law. Both plaintiff, MPEG LA, LLC (MPEG) and defendants, Audiovox Electronics Corporation and Audiovox Corporation (Audiovox) move for summary judgment, plaintiff on its contract claims and defendants, to dismiss the same based largely on the federal doctrine of...

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