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APPLIED MEDICAL RESOURCES CORP. v. U.S. SURGICAL CORP.

No. 1:96CV1217.

967 F.Supp. 867 (1997)

APPLIED MEDICAL RESOURCES CORPORATION, Plaintiff, v. UNITED STATES SURGICAL CORPORATION, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

June 17, 1997.

Attorney(s) appearing for the Case

John P. Corrado, Kathryn Marrone, Hazel & Thomas, P.C., Alexandria, VA (Stephen C. Neal, Scott D. Devereaux, Michelle G. Galloway, Cooley Godward L.L.P., Palo Alto, CA, of counsel), for Plaintiff.

Gregory L. Murphy, F. Allen Phaup, II, Murphy Morris & Mitchell, P.C., Alexandria, VA (Harvey Kurzweil, Clark E. Walter, Lawrence Brocchini, Dewey Ballantine, New York City, of counsel), for Defendant.

ELLIS, District Judge.

MEMORANDUM OPINION

This patent infringement suit involves four patents, three of which the plaintiff asserts against the defendant and the fourth which the counterclaiming defendant asserts against the plaintiff. The motion at bar concerns the patent asserted in the counterclaim, namely U.S. Patent No. 4,931,042 (the "042 patent"). Specifically, the matter before the Court is defendant's motion, pursuant to 35 U.S.C. §...

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