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OPTICAL RECORDING CORP. v. CAPITOL-EMI MUSIC, INC.

Civ. A. No. 92-425-JJF.

803 F.Supp. 971 (1992)

OPTICAL RECORDING CORPORATION, Plaintiff, v. CAPITOL-EMI MUSIC, INC. and Capitol Records, Inc., Defendants.

United States District Court, D. Delaware.

October 16, 1992.

Attorney(s) appearing for the Case

Robert K. Payson, and David A. Anderson, of Potter Anderson & Corroon, Wilmington, Del., for plaintiff.

Douglas E. Whitney, and Jack B. Blumenfeld, of Morris Nichols Arsht & Tunnell, Wilmington, Del., Ivan S. Kavrukov, Norman H. Zivin, and Donna A. Tobin, of Cooper & Dunham, New York City, for defendants.

MEMORANDUM OPINION

FARNAN, District Judge.

This is an action for patent infringement brought by Optical Recording Corporation ("ORC") against Capitol-EMI Music, Inc. and Capitol Records, Inc. ("Capitol"). Prior to the filing of this action on July 22, 1992, by ORC, Defendant Capitol Records, Inc. filed on July 2, 1992, a declaratory judgment action against ORC in the United States District Court for the Southern District of New York (Civil Action No. 92...

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