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CBS, INC. v. ENCO INDUSTRIES, INC.

No. 83 Civ. 9413 (WCC).

585 F.Supp. 1291 (1984)

CBS, INC., Plaintiff, v. ENCO INDUSTRIES, INC. and Nathan Cohen, Defendants.

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

May 11, 1984.

Attorney(s) appearing for the Case

Eslinger & Pelton, P.C., New York City, for plaintiff; Lewis H. Eslinger, Russell G. Pelton, David M. Quinlan, Timothy C. Pledger, New York City, of counsel.

Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, for defendants; James M. Rhodes, Jr., New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

The Complaint in this action alleges no less than eight claims:

(1) infringement of plaintiff's U.S. utility patent No. 3,538,620 entitled "Selectively Manually Operable Educational Toy" issued November 10, 1970 ("the '620 patent");

(2) infringement of plaintiff's U.S. design patent No. D-209,767 entitled "Child's Multiple Element Pop-up Toy" issued January 2, 1968 for a term of 14 years ("the '767...

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