MOOG, INC. v. PEGASUS LABORATORIES, INC.

Civ. A. No. 30888.

376 F.Supp. 439 (1973)

MOOG, INC., Plaintiff, v. PEGASUS LABORATORIES, INC., Defendant.

United States District Court, E. D. Michigan, S. D.

June 26, 1973.


Attorney(s) appearing for the Case

Alfonse J. D'Amico, Barnes, Kisselle, Raisch & Choate, Detroit, Mich., Kenneth R. Sommer, Buffalo, N. Y., for plaintiff.

Dale R. Small, Whittemore, Hulbert & Belknap, Detroit, Mich., Wm. L. Mathis, Joel M. Freed, Burns, Doane, Swecker & Mathis, Washington, D. C., Andrew J. Beck, Milwaukee, Wis., for defendant.


MEMORANDUM OPINION

FEIKENS, District Judge.

Defendant, Pegasus Laboratories, Inc., brings a motion for summary judgment saying plaintiff Moog's patent is unenforceable for failure to comply with 35 U.S.C. § 135(c). Plaintiff resists this motion on a number of grounds.

There has been protracted litigation of a closely related matter in the Western District of New York. Counsel have supplied this court with the record made in that case. Abex Corp...

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