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SCM CORPORATION v. RADIO CORPORATION OF AMERICA

65 Civ. 686.

276 F.Supp. 373 (1967)

SCM CORPORATION, a New York corporation, Plaintiff, v. RADIO CORPORATION OF AMERICA, a Delaware corporation, Defendant.

United States District Court S. D. New York.

October 3, 1967.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Taylor & Adams, New York City, for plaintiff. Frank F. Scheck, New York City, of counsel.

William K. Kerr, New York City, for defendant. Lawrence J. McKay, New York City, of counsel.

OPINION

McLEAN, District Judge.

The second amended complaint in this action contains three counts. The first seeks a declaratory judgment that patents No. 2,922,883, 3,052,539 and 3,052,540, owned by defendant, relating to electrostatic photocopy machines and coated copy paper used therewith, are invalid and not infringed by plaintiff. In addition to allegations of invalidity which are common to all three patents, i. e., lack of invention, obviousness, lack...

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