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MICROBIX BIOSYSTEMS, INC. v. BIOWHITTAKER

No. MJG-97-2525.

172 F.Supp.2d 665 (2000)

MICROBIX BIOSYSTEMS, INC. Plaintiff v. BIOWHITTAKER, INC., et al. Defendants Abbott Laboratories Counterclaimant v. Microbix Biosystems, Inc. Counterclaim-Defendant

United States District Court, D. Maryland.

March 28, 2000.

Attorney(s) appearing for the Case

Joseph D. Edmondson, Jr., J. Mark Waxman, John P. Isaacson, Foley and Lardner, Washington, DC, Daniel A. Small, Michael D. Hausfeld, Matthew F. Pawa, Cohen, Milstein, Hausfeld & Toll, Washington, DC, Agnieszka Fryszman, Law Office, Washington, DC, Ann C. Yahner, Law Office, Washington, DC, for Plaintiff.

John Henry Lewin, Jr., Maria F. Howell, Jennifer M. Horn, Venable, Baetjer & Howard, Baltimore, MD, Peter Thauer, East Rutherford, NJ, for Defendants.

Robert P. Schlenger, Lord & Whip, Baltimore, MD, David M. Rosenzweig, Jeffrey I. Weinberger, Munger, Tolles & Olson, Los Angeles, CA, Kenneth D. Greisman, Nicholas A. Poulos, Abbott Laboratories, Abbott Park, IL, for Abbott Laboratories.

MEMORANDUM AND ORDER RE COUNTERCLAIMS

GARBIS, District Judge.

The Court has before it Counterclaim-Defendant's Motion for Summary Judgment. The matter has been fully briefed. The Court has considered the materials submitted by the parties, held a hearing, and had the benefit of counsel's arguments.

I. BACKGROUND

A. Procedural History

This counterclaim, brought by Abbott Laboratories, Inc. ("Counterclaimant...

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