Legal Opinion
EM Bagels, Ltd. v. Bagel Emporium of Armonk, Inc.
District Court, S.D. New York
Decided February 28, 2000No. 99 Civ. 8836(CLB)Published
1Opinion of the Court
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 papers on February 17, 2000, and February 28, 2000. Defendant filed reply papers on February 22, 2000.
Patent No. 5,759,606 (“Patent 606”) issued to Plaintiffs assignors Bruce A. Kade and Robert W. Brown…
2Cases cited10 opinions
- E.I. Du Pont De Nemours & Company v. Phillips Petroleum Company, Phillips 66 Company, and Phillips Driscopipe, Inc., Defendants-Cross-AppellantsCourt of Appeals for the Federal Circuit · 1988
- Joy Technologies, Inc., and A/s Niro Atomizer, Involuntary v. Flakt, Inc.Court of Appeals for the Federal Circuit · 1993
- Becton Dickinson and Company v. C.R. Bard, Inc.Court of Appeals for the Federal Circuit · 1990
- Jerome H. Lemelson v. The United States, the Bendix Corporation and Brown & Sharpe Manufacturing Company, Third-PartyCourt of Appeals for the Third Circuit · 1985
- Zenith Laboratories, Inc. v. Bristol-Myers Squibb CompanyCourt of Appeals for the Federal Circuit · 1994
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