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DOW CHEMICAL CO. v. ASTRO-VALCOUR, INC.

No. 95-CV-1357.

110 F.Supp.2d 104 (2000)

DOW CHEMICAL COMPANY, Plaintiff, v. ASTRO-VALCOUR, INC., Defendant.

United States District Court, N.D. New York.

As Amended September 5, 2000.

Attorney(s) appearing for the Case

Lieberman & Nowak, LLP, Keith D. Nowak, of counsel, New York City, Dow Chemical Company Legal Dep't, Bruce M. Kanuch, of counsel, Midland, MI, for plaintiff.

Kenyon & Kenyon, Robert F. Perry, of counsel, New York City, Smith & Ozalis, Sheila A. Ozalis, of counsel, Easton, CT, for defendant.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

The Dow Chemical Company ("Dow") commenced this action alleging patent infringement by defendant Astro-Valcour, Inc. ("AVI"), pursuant to 35 U.S.C. § 271. AVI asserted the affirmative defense of patent invalidity. The claims-at-issue were construed by Memorandum-Decision & Order. See Dow Chem. Co. v. Astro-Valcour, Inc., 47 F.Supp.2d 294...

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