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CMI, INC. v. INTOXIMETERS, INC.

Civ. A. No. C93-0265-L(H).

866 F.Supp. 342 (1994)

CMI, INC., Plaintiff, v. INTOXIMETERS, INC., et al., Defendants.

United States District Court, W.D. Kentucky, at Louisville.

October 28, 1994.

Attorney(s) appearing for the Case

J. Bruce Miller, Anthony L. Schnell, Louisville, KY, for plaintiff.

Charles J. Cronan, IV, Stites & Harbison, Louisville, KY, for defendants.

Wilbur L. Tomlinson, Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO, for Intoximeters, Inc.

Patrick W. Michael, Kenneth L. Anderson, Woodward Hobson & Fulton, Louisville, KY, for National Patent Analytical Systems, Inc.

MEMORANDUM OPINION

HEYBURN, District Judge.

This is a declaratory judgment action in which CMI seeks a declaration by this Court that it does not infringe Intoximeters's patent (United States Patent No. 4,495,418) and that the patent is invalid.1 Plaintiff determined to do so due to the unusual circumstances of controversy between these two leading makers of breathalyzers. As is often true in these cases, the Court is confronted...

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