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DER-TEX CORP. v. THATCHER

Civ. A. No. 92-12363-H.

815 F.Supp. 41 (1993)

DER-TEX CORPORATION, Plaintiff, v. Mark THATCHER, d/b/a Teva Sport Sandal, Defendant.

United States District Court, D. Massachusetts.

March 9, 1993.

Attorney(s) appearing for the Case

Gregory A. Madera, Fish & Richardson, Boston, MA, for plaintiff.

Peter B. Ellis, Foley, Hoag & Eliot, Boston, MA, for defendant.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

Plaintiff Der-Tex, a Massachusetts company, brought this suit for a declaratory judgment of invalidity and non-infringement of Defendant Thatcher's sport sandal patent. Defendant, and its licensee, the California based Deckers Corporation, sell their product, the "Teva" sport sandal, in Massachusetts and elsewhere. Plaintiff Der-Tex manufactures a competing product, the Oxy sport

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