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LAKA v. COLUMBIA PEN & PENCIL COMPANY

Civ. A. No. 20267.

224 F.Supp. 741 (1963)

John LAKA, d/b/a Laka Tool & Stamping Company, and Laka Tool & Stamping Company, Inc., Plaintiffs, v. COLUMBIA PEN & PENCIL COMPANY, Inc., and Bertram A. Strauss, Defendants.

United States District Court E. D. New York.

April 23, 1963.

Attorney(s) appearing for the Case

Hopgood & Calimafde, New York City, for plaintiffs; John M. Calimafde, New York City, of counsel.

Holman & Holman, Mineola, N. Y., for defendants; Bader & Bader, Elmont, of counsel.

MISHLER, District Judge.

The complaint states two claims. The first claim is for infringement of patent No. 2,907,302 relating to an improvement in retractable writing instruments. The pretrial order, dated May 24, 1962, determined (with the consent of the parties) that the second claim presented no issues of fact for the Court.

The answer denies the material allegations of the claim. In addition, the answer affirmatively claims that the patent is invalid...

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