On December 6, 1994, the law firm of Cooper & Dunham was substituted as Artmatic's attorney of record. On December 2, 1994, Artmatic moved to relieve the law firm of Schrier & Tanen as counsel. The appeal was dismissed on Decem"for failure to file forms C and D." Mandate of Court of Appeals, DN 94-9184. On November 17, 1994, Artmatic filed an appeal from the Max Factor and Noxell default judgments. On October 7, 1994, at oral argument, this court granted Max Factor and Noxell's motions for final judgments on their counterclaims dismissal of Artmatic's complaint with respect to them with prejudice and the award of costs and disbursements, including reasonable attorney's fees. On September 16, 1994, Max Factor and Noxell filed motions for default judgments based on Artmatic's failure to answer their counterclaims. Noxell answered the complaint and counter-claimed for similar relief On June 22, 1994, Maybelline answered the complaint and counterclaimed for a declaratory judgment that its products were non-infringing and that the patents in suit were invalid. A stipulation and order dated Jextended the time for defendants Max Factor and Noxell to answer to July 16, 1994. On April 18, 1994, Artmatic filed a complaint against Max Factor, Noxell, Maybelline, and others alleging patent infringement of a design for a cosmetics compact. For purposes of these motions, the relevant facts are as follows. This is a multi-party patent infringement suit. For the reasons below, Artmatic's motion to modify the default judgments is denied and Maybelline's motion for summary judgment is denied. ("Maybelline") for summary judgment based on the collateral estoppel effect of the default judgments secured by Max Factor and Noxell.
This multi-defendant action for patent infringement is before the Court on two motions: (1) a motion by plaintiffs Artmatic USA Cosmetics and Arthur Matney ("Artmatic") to modify the default judgment entered against them on Octoby eliminating a declaration of patent invalidity and (2) a motion by defendant Maybelline Co. Laura Weiss, Fenster & Weiss, New City, New York, for Defendant Pavion Ltd.Īllen Winston, Winston & Winston, Rye, New York, for Defendants Zalan. Snyder, Dinsmore & Shohl, Cincinnati, Ohio, for Defendants Noxell Corp. Susan Robertson, Kirchstein, Ottinger, Israel & Schiffmiller, P.C., New York City, for Dell Laboratories, Inc. Katz, Cooper & Dunham L.L.P., New York City, for Plaintiffs Artmatic USA Cosmetics and Arthur Matney. Hauser, Walter, Conston, Alexander & Green, P.C., New York City, for Defendant Maybelline Co. Delahunty, Brooks, Haidt, Haffner & Delahunty, New York City, for Defendants Noxell Corp.
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