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CONCORD LABS, INC. v. BALLARD MEDICAL PRODUCTS

No. C-87-423.

701 F.Supp. 272 (1988)

CONCORD LABS, INC., Smiths Industries Medical Systems, Inc. v. BALLARD MEDICAL PRODUCTS.

United States District Court, D. New Hampshire.

June 9, 1988.

Attorney(s) appearing for the Case

Dike, Bronstein, Roberts, Cushman and Pfund by Sewall P. Bronstein and Ronald I. Eisenstein, Boston, Mass., Devine, Millimet, Stahl & Branch by Richard C. Nelson, Manchester, N.H., for plaintiffs.

McLane, Graf, Raulerson & Middleton by James R. Muirhead, Manchester, N.H., Dickstein, Shapiro & Morin, Sallie H. Helm by Gary M. Hoffman and Michael C. Greenbaum, Vienna, Va., for defendant.

ORDER ON MOTION TO DISMISS

LOUGHLIN, District Judge.

This is an action brought by Concord Laboratories, Inc. and Smiths Industries Medical Systems, Inc. (Concord and SIMS) seeking declaratory judgment of the unenforceability, invalidity and non-infringement of certain U.S. Letters Patents, as well as declaration that this case is exceptional pursuant to 35 U.S.C. § 285, and by way of further relief that Ballard Medical Products (Ballard), be enjoined...

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