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KANGAROOS U.S.A., INC. v. CALDOR, INC.

83 Civ. 6984 (WCC).

585 F.Supp. 1516 (1984)

KANGAROOS U.S.A., INC., Plaintiff, v. CALDOR, INC., Defendant.

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

As Amended May 4 and May 25, 1984.

Attorney(s) appearing for the Case

Parker, Auspitz, Neesemann & Delehanty, P.C., New York City, for plaintiff; Joseph C. Markowitz, Carroll E. Neesemann, New York City, Popkin, Stern, Heifetz, Lurie, Sheehan, Reby & Chervitz, St. Louis, Mo., of counsel.

Kenyon & Kenyon, New York City, for defendant; Philip J. McCabe, James E. Rosini, New York City, Jones, Day, Reavis & Pogue, Barry L. Springel, Robert C. Kahrl, Cleveland, Ohio, of counsel.

OPINION AND ORDER

CONNER, District Judge:

In this action for alleged infringement of U.S. patents No. 4,384,414 (the "the '414 patent") and No. D261,695 ("the '695 design patent") covering athletic shoes with side pockets for valuables, defendant Caldor, Inc. has moved for partial summary judgment dismissing the claim on the '414 patent on the ground of alleged fraud in the prosecution of the application therefor, and plaintiff Kangaroos U.S.A. has cross...

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