ROCHE DIAGNOSTICS CORP. v. SELFCARE INC.

No. IP 00-1103-C-M/S.

233 F.Supp.2d 1038 (2002)

ROCHE DIAGNOSTICS CORPORATION, Plaintiff, v. SELFCARE INC d/b/a Inverness Medical Technology Inc., Inverness Medical Inc., Can-Am Care Corporation, Inverness Medical Limited, a UK Corporation, Bayer Corporation, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

November 26, 2002.


Attorney(s) appearing for the Case

Donald Knebel, Barnes & Thornburg, Indianapolis, IN, for Plaintiff.

Daniel L. Boots, Bingham McHale LLP, Indianapolis, IN, Peter B. Ellis, Foley Hoag LLP, Boston, MA, Theresa M. Gillis, Jones Day Reavis & Pogue, New York City, Linda Pence, Sommer & Barnard, Indianapolis, IN, for Defendants.


ORDER ON SUMMARY JUDGMENT MOTIONS

McKINNEY, Chief Judge.

This cause is now before the Court on the defendant's, Bayer Corporation ("Bayer"), motion for summary judgment of non-infringement of the plaintiff's, Roche Diagnostics Corporation ("Roche"), patent, U.S. Patent Reissue No. 36,268 ("'268 patent"). Bayer argues that summary judgment is appropriate because Roche has no data to support a finding that Bayer's accused devices infringe the "substantially...

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