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PATLEX CORP., INC. v. MOSSINGHOFF

Civ. A. No. 82-5472.

585 F.Supp. 713 (1983)

PATLEX CORPORATION, INC., Refac International, Ltd., and Gordon Gould, Plaintiffs, v. Gerald J. MOSSINGHOFF, Commissioner of Patents and Trademarks, and The United States Patent and Trademark Office, Defendants, and Control Laser Corporation, Inc., Third Party Defendant.

United States District Court, E.D. Pennsylvania.

November 17, 1983.

Attorney(s) appearing for the Case

Jeffrey S. Saltz, Philadelphia, Pa., for plaintiffs.

Stanley M. Weinberg, Asst. U.S. Atty., Philadelphia, Pa., for defendants, Gerald J. Mossinghoff, et al.

T. Andrew Culbert, Edward M. Posner, Stewart Dalzell, Philadelphia, Pa., for third party defendant, Control Laser Corporation.

MEMORANDUM OPINION

CAHN, District Judge.

I. PRELIMINARY STATEMENT

This is an action for declaratory and injunctive relief. Plaintiffs, Patlex Corporation, Inc. ("Patlex") and Gordon Gould ("Gould" or "plaintiffs") seek an order declaring unconstitutional certain procedures used by defendant, United States Patent and Trademark Office ("PTO") in reexamining plaintiffs' patent. Plaintiffs originally filed this action against PTO Commissioner Gerald...

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