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PENTALPHA ENTERPRISES, LTD. v. COOPER & DUNHAM LLP

6490, 6491, 601098/09

91 A.D.3d 451 (2012)

936 N.Y.S.2d 173

2012 NY Slip Op 44

PENTALPHA ENTERPRISES, LTD., et al., Appellants-Respondents, v. COOPER & DUNHAM LLP et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2012.

Plaintiffs infringed a patent owned by defendant SEB beginning in 1997. SEB sued plaintiffs in Federal District Court in 1998, and successfully obtained a preliminary injunction in 1999, which was affirmed by the Second Circuit in 2000 (SEB S.A. v Montgomery Ward & Co., Inc., 77 F.Supp.2d 399 [1999], affd 243 F.3d 566 [2000]). The following five years consisted of discovery disputes, primarily involving plaintiffs...

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