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ALBUM GRAPHICS, INC. v. IVY HILL LITHOGRAPH CORP.

No. 71 Civ. 2816.

378 F.Supp. 705 (1973)

ALBUM GRAPHICS, INC., Plaintiff, v. IVY HILL LITHOGRAPH CORP., Defendant.

United States District Court, S. D. New York.

December 12, 1973.

Attorney(s) appearing for the Case

Ostrolenk, Faber, Gerb & Soffen, New York City (Marvin C. Soffen and Edward A. Meilman, New York City, of counsel) and Stone, Wagner & Aubel, Chicago, Ill. (Wilfred S. Stone, Chicago, Ill., of counsel) for plaintiff.

Darby & Darby, New York City (Michael J. Sweedler, New York City, of counsel) for defendant.

BAUMAN, District Judge.

This is an action for patent infringement brought pursuant to 35 U.S.C. §§ 271 and 281, and for unfair competition. The defendant has now moved for summary judgment pursuant to Rule 56 of the Federal Rules, alleging that plaintiff's patent is invalid under 35 U.S.C. § 103.1 For the reasons that follow, I find the patent to be invalid and the motion is thus granted to that extent.

Plaintiff...

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