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BIOMEDICAL POLYMERS, INC. v. EVERGREEN INDUSTRIES, INC.

Civil Action No. 96-40175-NMG.

976 F.Supp. 98 (1997)

BIOMEDICAL POLYMERS, INC., Plaintiff, v. EVERGREEN INDUSTRIES, INC., Defendant.

United States District Court, D. Massachusetts.

September 26, 1997.

Attorney(s) appearing for the Case

Kirk C. Teska, Iandiorio & Dingman, Waltham, MA, for Plaintiff.

Ralph A. Loren, Lahive & Cockfield, Boston, MA, for Defendant.

Robert Berliner, Pete A. Smits, Robbins, Berliner & Carson, LLP, Los Angeles, CA.

MEMORANDUM AND ORDER

GORTON, District Judge.

On August 15, 1996, Plaintiff, Biomedical Polymers, Inc. ("Biomed") filed an action for declaratory judgment of non-infringement against Defendant, Evergreen Industries, Inc. ("Evergreen"). Evergreen counterclaimed against Biomed for patent infringement and, on February 24, 1997, Biomed filed a Motion for Summary Judgment and two related motions to preclude affidavits, all of which are pending.

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