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EM BAGELS, LTD. v. BAGEL EMPORIUM OF ARMONK, INC.

No. 99 Civ. 8836(CLB).

86 F.Supp.2d 348 (2000)

EM BAGELS, LTD., Plaintiff, v. BAGEL EMPORIUM OF ARMONK, INC. (sued as Howard Rozins & Michael Rozins, d/b/a Bagel Emporium), Defendant.

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

February 28, 2000.

Attorney(s) appearing for the Case

Carl C. Kling, Hawthorne, NY, for plaintiff.

Howard N. Aronson, Lackenbach, Siegel, Marzullo, Aronson & Greenspan, Scarsdale, NY, for defendant.

MEMORANDUM & ORDER

BRIEANT, District Judge.

By motion filed January 27, 2000, heard and fully submitted on February 25, 2000, Bagel Emporium of Armonk, Inc., defendant in this patent infringement action, moves for summary judgment pursuant to Rule 56, Fed.R.Civ.P. based on non-infringement. Defendant also seeks an award of attorneys' fees pursuant to 35 U.S.C. § 285. Plaintiff filed opposition...

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