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MASKERY v. KOPP

Civ. No. H 75-268.

412 F.Supp. 388 (1976)

Paul MASKERY and Albert Pennington v. Harold W. KOPP.

United States District Court, D. Connecticut.

May 12, 1976.

Attorney(s) appearing for the Case

James J. Gadarowski, New Britain, Conn., for plaintiffs.

Ramon S. Sous, Seymour, Conn., Charles S. McGuire, Syracuse, N. Y., for defendant.

RULING ON MOTION TO DISMISS

CLARIE, Chief Judge.

The defendant has moved to dismiss this qui tam action brought pursuant to 35 U.S.C. § 292 and 28 U.S.C. § 1338, on the ground that venue does not properly lie in this District. The motion is denied.

The statutory basis for the action, 35 U.S.C. § 292, provides a fine of not more than $500 for marking upon, affixing to, or using in advertising in connection with any unpatented...

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