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LEINOFF v. LOUIS MILONA & SONS

No. 81 Civ. 1107 (CBM).

556 F.Supp. 273 (1982)

David LEINOFF, Plaintiff, v. LOUIS MILONA & SONS, INC., Defendant.

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

May 11, 1982.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, P.C., by Pasquale A. Razzano, New York City, for plaintiff.

Darby & Darby, P.C., by Michael J. Sweedler, Joel K. Dranove, New York City, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MOTLEY, District Judge.

Nature of the Action

By this action, plaintiff David Leinoff seeks an injunction and damages as a result of alleged infringement of U.S. Patent No. 3,760,424 by defendant Louis Milona and Sons, Inc. Defendant, in addition to asserting that the Leinoff patent is invalid under 35 U.S.C. §§ 102 and 103, also offer as a defense that plaintiff is barred from asserting this...

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