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FROMSON v. CITIPLATE, INC.

No. 82 C 0986.

699 F.Supp. 398 (1988)

Howard A. FROMSON, Plaintiff, v. CITIPLATE, INC., Defendant.

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

November 10, 1988.

Attorney(s) appearing for the Case

Felfe & Lynch (John E. Lynch, Alfred H. Hemingway, of counsel), New York City, for plaintiff.

Stoll, Wilkie, Previto & Hoffman (Robert S. Stoll, Doris S. Hoffman, of counsel), New York City, for defendant.

OPINION AND ORDER

NICKERSON, District Judge.

In this patent suit the court decided on cross-motions for summary judgment that (1) defendant Citiplate, Inc. (Citiplate) had not sustained its burden of showing Claim 4 of plaintiff Fromson's patent invalid, (2) Citiplate had infringed Claims 1, 4, 6, 7, 12 and 16, (3) Fromson had not perpetrated a fraud on the United States Patent and Trademark Office (the Patent Office) in the original application proceedings...

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