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  5. 774 F.Supp. 832 (1991)
 

BIC LEISURE PRODUCTS v. WINDSURFING INTERN.

No. 83 Civ. 3774 (MEL).

774 F.Supp. 832 (1991)

BIC LEISURE PRODUCTS, INC. and Windglider Fred Ostermann, GmbH, Plaintiffs, v. WINDSURFING INTERNATIONAL, INC., Defendant, and James R. Drake, Intervenor-Defendant.

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

September 27, 1991.

Attorney(s) appearing for the Case

Pennie & Edmonds, New York City, for plaintiff BIC Leisure Products, Inc. (Jonathan A. Marshall, Robert M. Kunstadt, John J. Normile, Anneliese M. Schaefer, of counsel).

Harold E. Wurst, Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., for defendant (Michael Sweedler, Darby & Darby, New York City, of counsel).

LASKER, District Judge.

In this patent infringement dispute, following completion of the damages phase of a bifurcated trial BIC Leisure Products, Inc. ("BIC") moves to modify the resulting findings of fact and conclusions of law dated April 8, 1991, 761 F.Supp. 1032, to reflect BIC's defense of absolute intervening rights. Windsurfing International, Inc. ("Windsurfing") opposes, arguing that BIC has waived the defense and that...

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