WYATT, District Judge.
The motion is by defendant ("Astek") for a summary judgment in an action for patent infringement. The judgment is demanded on defendant's amended counterclaim for a declaratory judgment; the nature of the judgment demanded is that the device "presently being made and sold by defendant" (emphasis supplied) does not infringe the patent in suit. The motion is thus for a partial summary judgment and is authorized by Fed.R.Civ.P. 56(b).
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