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SIMS v. MACK TRUCKS, INC.

Civ. A. No. 75-985.

407 F.Supp. 742 (1976)

R. W. SIMS, Trustee and R. W. Sims Trust v. MACK TRUCKS, INC.

United States District Court, E. D. Pennsylvania.

February 19, 1976.

Attorney(s) appearing for the Case

John A. Young, Fort Wayne, Ind., for plaintiffs.

Jon A. Baughman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant.

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

Defendant has moved to dismiss this patent infringement action for lack of an indispensable party pursuant to Fed.Rule Civ.Pro. 19(b). In its motion, defendant alleges that plaintiffs are not the legal titleholders of the patent in question, having sold it to Beta Corporation. Defendant argues that under 35 U.S.C. § 281,1 only the...

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