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FORMFLEX FOUNDATIONS, INC. v. CUPID FOUNDATIONS, INC.

No. 74 Civ. 2622.

383 F.Supp. 497 (1974)

FORMFLEX FOUNDATIONS, INC., Plaintiff, v. CUPID FOUNDATIONS, INC., Defendant.

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

August 9, 1974.

Attorney(s) appearing for the Case

Armand E. Lackenbach, Mamaroneck, N. Y., for plaintiff.

Hubbell, Cohen & Stiefel, New York City, by Maurice B. Stiefel, New York City, of counsel, Lerner, David, Littenberg & Samuel, Westfield, N. J., by Lawrence I. Lerner, Sidney David, Westfield, N. J., of counsel to Hubbell, Cohen & Stiefel, New York City, for defendant.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This action for a declaration of patent invalidity and non-infringement was filed on June 19, 1974. Two weeks prior thereto, Cupid Foundations, Inc., the defendant in this action, had filed an action for infringement of the same patent in issue here, against J. C. Penney, Inc., a customer of Formflex and against Formflex itself, in the United States District Court for the Southern District of Georgia (Civil...

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