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LERNER v. CHILD GUIDANCE PRODUCTS, INC.

No. 73 Civ. 2006 (WCC).

398 F.Supp. 1406 (1975)

George LERNER and Julius Ellman, Plaintiffs, v. CHILD GUIDANCE PRODUCTS, INC., and Questor Corporation, Defendants.

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

August 28, 1975.

Attorney(s) appearing for the Case

Paul J. Sutton, New York City, for plaintiffs.

Hays, St. John, Abramson & Heilbron, New York City (Elias Messing, New York City, of counsel), Russell & Nields, Boston, Mass. (Robert B. Russell, Boston, Mass., Donald R. Bahr, Toledo, Ohio, of counsel), for defendants.

MEMORANDUM AND ORDER

CONNER, District Judge.

In this action for alleged infringement of plaintiffs' C. O. Musser U.S. patent 2,873,639 on a toy piano, defendants have moved for a summary judgment that none of their three accused devices infringes the patent.

None of the twelve claims of the patent is literally readable on any of the three accused devices.

The patent has only two independent claims, 1 and 7. Each calls for "a housing have...

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