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ALLIED GATOR, INC. v. NPK CONST. EQUIPMENT, INC.

No. 1:95-CV-464.

937 F.Supp. 694 (1996)

ALLIED GATOR, INC., Plaintiff, v. NPK CONSTRUCTION EQUIPMENT, INC., Defendant.

United States District Court, N.D. Ohio, Eastern Division.

August 16, 1996.

Attorney(s) appearing for the Case

Richard L. Byrne, Blynn L. Shideler, Webb, Ziesenheim, Bruening, Logsdon, Orkin & Hanson, Pittsburgh, PA, Charles E. Dunlap, Youngstown, OH, for plaintiff.

Thomas J. Collin, Suzanne Bretz Blum, Thompson, Hine & Flory, Cleveland, OH, Robert V. Vickers, Vickers, Daniels & Young Cleveland, OH, for defendant.

MEMORANDUM & ORDER

O'MALLEY, District Judge.

Plaintiff, Allied Gator, Inc., ("Allied") brings this single count claim of patent infringement against its competitor, NPK Construction Equipment, Inc., ("NPK"). NPK has filed a Motion to Dismiss under Rule 12(b)(6) or for Summary Judgment under Rule 56(c), arguing that its products do not embody each of the elements of Allied's patent and, hence, do not infringe that patent as a matter of law. (Docket...

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