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BRAINTREE LABORATORIES INC. v. NEPHRO-TECH, INC.

No. 96-2459-JWL.

58 F.Supp.2d 1293 (1999)

BRAINTREE LABORATORIES, INC., Plaintiff, v. NEPHRO-TECH, INC., et al., Defendants.

United States District Court, D. Kansas.

July 23, 1999.

Attorney(s) appearing for the Case

Craig T. Kenworthy, Swanson, Midgley, Gangwere, Kitchin & McLarney, LLC, Kansas City, MO, Arthur A. Smith, Jr., Boston, MA, Allen R. Slater, Judge, Olathe, KS, for Braintree Laboratories, Inc., plaintiffs.

Mark E. Brown, Marcia J. Rodgers, Litman, Kraai & Brown, L.L.C., Steven H. Mustoe, Eric C. Carter, Kurlbaum, Stoll, Seaman, Reefer, Suter & Mustoe, P.C., Kansas City, MO, for Nephro-Tech, Inc., G. P. Georges, III, Kimberly J. Georges, defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this patent infringement case, plaintiff Braintree Laboratories, Inc. seeks to enjoin defendants Nephro-Tech, Inc., G.P. Georges III and Kimberly J. Georges from selling "Calphron," a calcium acetate containing substance, the distribution of which, plaintiff claims, infringes upon its method-of-use patent. Presently before the court is defendants' motion for summary judgment on the issue of validity...

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