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NINTENDO OF AMERICA INC. v. MAGNAVOX CO.

No. 86 CIV. 1606 (LBS).

707 F.Supp. 717 (1989)

NINTENDO OF AMERICA INC., Plaintiff, v. The MAGNAVOX COMPANY and Sanders Associates, Inc., Defendants.

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

March 2, 1989.

Attorney(s) appearing for the Case

Mudge Rose Guthrie Alexander & Ferson, (John J. Kirby, Jr., Robert J. Gunther, Jr., Thomas G. Gallatin, Jr., of counsel) and Morgan & Finnegan, (Alfred P. Ewert, of counsel), New York City, for plaintiff.

Neuman, Williams, Anderson & Olson, (Theodore W. Anderson, James T. Williams, of counsel), Chicago, Ill. and Fitzpatrick, Cella, Harper & Scinto (Joseph A. Fitzpatrick, of counsel), New York City, for defendants.

OPINION

SAND, District Judge.

This is a declaratory judgment action brought by plaintiff Nintendo of America Inc. ("Nintendo") seeking, inter alia, a declaration of invalidity and non-infringement of U.S. Patent No. Re 28,507 ("the '507 patent") and U.S. Patent No. Re 32,305 ("the '305 patent"). Both patents are owned by defendant Sanders Associates, Inc. ("Sanders"), which granted an exclusive license with a right to sublicense to defendant Magnavox Company...

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