D.L. Auld Co. v. Park Electrochemical Corp.
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
GLASSER, District Judge:
The D.L. Auld Co. brings this patent infringement action against Park Electrochemical Corp. and its subsidiary, Park Nameplate Co., Inc. Park Electrochemical has moved, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss the complaint against it for failure to state a claim upon which relief can be granted. For the reasons that follow, the motion is granted in part and denied in part.
Discussion
Because matters outside of the pleadings have been presented by both parties and not excluded by the Court, pursuant to the last sentence of Rule 12(b) this motion…
2Cases cited22 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Carter v. StantonSupreme Court of the United States · 1972
- Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
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- Hillsborough Holdings Corp. v. Celotex Corp. (In Re Hillsborough Holdings Corp.)United States Bankruptcy Court, M.D. Florida · 1994
- Kashfi v. Phibro-Salomon, Inc.District Court, S.D. New York · 1986
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