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BALADEVON, INC. v. ABBOTT LABORATORIES, INC.

Civ. A. No. 92-10283-PBS.

871 F.Supp. 89 (1994)

BALADEVON, INC., Plaintiff, v. ABBOTT LABORATORIES, INC., Defendant.

United States District Court, D. Massachusetts.

December 20, 1994.

Attorney(s) appearing for the Case

Richard M. Gelb, Gelb & Gelb, Boston, MA, for plaintiff.

James S. Franchek, Isaac H. Peres, Joseph R. Valle, Jr., Riemer & Braunstein, Boston, MA, Mark E. Barmack, Abbott Part, IL, for defendant.

MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

SARIS, District Judge.

INTRODUCTION

This case marks the crossroads of patent and contract law. Plaintiff seeks to enforce an agreement which assigned patent, trademark and other non-patent rights in a device which was potentially patentable, but not yet patented. When the patents which subsequently issued on the device became generally recognized as invalid, defendant...

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