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K-TEK CORP. v. LOVETT

Civil A. No. 95-386.

924 F.Supp. 57 (1996)

K-TEK CORPORATION v. Rodley C. LOVETT and MTS Systems Corporation.

United States District Court, M.D. Louisiana.

February 5, 1996.

Attorney(s) appearing for the Case

Patrick F. McGrew, Baton Rouge, LA and Pamela B. Huff, Gunn, Lee & Miller, P.C., San Antonio, TX, for plaintiff.

William W. Messersmith, III and Joseph L. Spilman, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, for defendants.

RULING ON DEFENDANTS' MOTION TO DISMISS

POLOZOLA, District Judge.

This matter is before the Court on a motion to dismiss filed by the defendants, Rodley C. Lovett and MTS Systems Corporation ("MTS"). For the reasons which follow, the motion is granted to the extent the plaintiff has filed a claim under 35 U.S.C. § 256. In all other respects, the motion is denied.

FACTS AND PROCEDURAL HISTORY

On April 7, 1995, K-Tek Corporation ("K...

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