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CAPITOL RECORDS, INC. v. OPTICAL RECORDING CORP.

No. 92 Civ. 4955 (GLG).

810 F.Supp. 1350 (1992)

CAPITOL RECORDS, INC., Plaintiff, v. OPTICAL RECORDING CORPORATION, Defendant.

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

Memorandum Decision on Denial of Reargument November 20, 1992.

Attorney(s) appearing for the Case

Ivan S. Kavrukov, Norman H. Zivin, Donna Tobin, Cooper & Dunham, New York City, for plaintiff Capitol Records, Inc.

Lawrence B. Goodwin, Peter Bucci, Robert A. Cote, Davis Hoxie Faithfull & Hapgood, New York City, for defendant Optical Recording Corp.

MEMORANDUM DECISION

GOETTEL, District Judge.

On July 2, 1992, Plaintiff, Capitol Records, Inc. (Capitol), filed this suit seeking a declaratory judgment that U.S. Patents 3,795,902 and 3,891,794, which are owned by Defendant, Optical Recording Corporation (ORC), are invalid, unenforceable, and uninfringed upon.

ORC is engaged in the research and development of optical data storage technology (compact disks and compact disk equipment) and the license...

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