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DWIGHT & LLOYD S. CO. v. AMERICAN ORE RECLAMATION CO.

44 F.Supp. 401 (1941)

DWIGHT & LLOYD SINTERING CO., Inc., v. AMERICAN ORE RECLAMATION CO.

District Court, S. D. New York.

December 15, 1941.

Attorney(s) appearing for the Case

Spencer, Ordway & Wierum, Otto C. Wierum and John A. McManus, all of New York City, for plaintiff.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, Theodore Kiendl, John L. Jackson, and A. S. Edmonds, all of New York City, for defendant.

BONDY, District Judge.

Defendant concedes that the sub-licensees found by the master to have used patents 1,441,003, 1,469,521, 1,471,402, 1,491,778, 1,618,205 and 1,673,891 actually did use them and that defendant accordingly is liable for the royalties found by the master to be due plaintiff for their use.

Defendant contends that no royalties are due for the use of some of the other patents sued upon because they are invalid.

Defendant does not dispute...

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