District Court, S.D. New York July 12, 1968, No. 68 Civ. 1286 (Lemelson v. Ideal Toy Corp.)

POLLACK, District Judge.

The defendant, sued herein for patent infringement and for breach of an exclusive licensing agreement under the same patent, moves for summary judgment of dismissal of this suit pursuant to Rule 56 F.R.Civ.P. and for counsel fees under 35 U.S.C. § 285, on the ground that the suit is frivolous and poses no genuine issue of material fact.

The plaintiff is the owner of U. S.