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ARMSTRONG PUMP, INC. v. HARTMAN

No. 10-CV-446S.

745 F.Supp.2d 227 (2010)

ARMSTRONG PUMP, INC., Plaintiff, v. Thomas HARTMAN d/b/a the Hartman Company and Optimum Energy, LLC, Defendants.

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

October 7, 2010.

Attorney(s) appearing for the Case

David Kulik, Floyd Chapman, Karin A. Hessler, Wiley Rein LLP, Washington, DC, Jodyann Galvin, Paul I. Perlman, Robert J. Fluskey, Jr., Hodgson Russ LLP, Buffalo, NY, for Plaintiff.

Jeremy A. Colby, Kevin A. Szanyi, Webster Szanyi, LLP, Randall David White, Connors & Vilardo, LLP, Buffalo, NY, for Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

In this action, commenced on May 28, 2010, Plaintiff Armstrong Pump, Inc. ("Armstrong") is suing Defendant Hartman, the owner of three patents to which Armstrong has a license, for breach of contract and anticipatory breach of contract related to its intended assignment of the three patents and a pending patent application to Defendant Optimum Energy. Optimum Energy is sued for...

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