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JEWISH HOSP. OF ST. LOUIS v. IDEXX LABORATORIES

Civil No. 95-290-P-H.

951 F.Supp. 1 (1996)

JEWISH HOSPITAL OF ST. LOUIS, Plaintiff, v. IDEXX LABORATORIES, Defendant.

United States District Court, D. Maine.

December 2, 1996.

Attorney(s) appearing for the Case

David P. Silk, James Costello, Curtis, Thaxter, Stevens, Broder & Micoleau, Portland, ME, Chris A. Caseiro, Portland, ME, G. Harley Blosser, William E. Lahey, Robert M. Evans, Jr., Rudolph A. Telscher, Jr., Paul A. Maddock, J. Bennett Clark, Senniger, Powers, Leavitt & Roedel, St. Louis, MO, Lois Kwasigroch, Lyon & Lyon LLP, Los Angeles, CA, for Plaintiff.

Peter J. Rubin, Robert H. Stier, Berstein, Shur, Sawyer & Nelson, Portland, ME, Mary S. Consalvi, Douglas E. Olson, Jessica R. Wolff, Lyon & Lyon, La Jolla, CA, for Defendant.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

Washington University, Jewish Hospital's predecessor in title to the `275 patent, has consistently claimed and been awarded the benefit of "small entity status," resulting in a fifty per cent reduction in the fees paid to the Patent and Trademark Office ("PTO").1 In fact, however, Mallinckrodt, Inc. was the licensee under the patent and thereby disqualified the patent...

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