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NICHOLS INSTITUTE DIAG. v. SCANTIBODIES CLIN. LAB.

No. CIV. 02CV0046-B (LAB).

218 F.Supp.2d 1243 (2002)

NICHOLS INSTITUTE DIAGNOSTICS, INC., a California Corporation, Plaintiff, v. SCANTIBODIES CLINICAL LABORATORY, INC., a California Corporation; Scantibodies Laboratory, Inc., a California Corporation; and Does 1 through 10, Defendants.

United States District Court, S.D. California.

September 11, 2002.

Attorney(s) appearing for the Case

Douglas E. Olson, Vicki Gee Norton, Brobeck, Phlegar and Harrison, San Diego, CA, for plaintiff.

Russell Alan Gold, Luce, Forward, Hamilton and Scripps, David C. Doyle, Shannon Marie Dailey, Morrison and Foerster, San Diego, CA, for defendants.

ORDER DENYING AS MOOT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PURSUANT TO 35 U.S.C. § 102(f) FOR NONJOINDER OF CO-INVENTOR, DENYING REQUEST FOR STAY, AND ORDERING PLAINTIFF TO FILE AMENDED COMPLAINT

BREWSTER, Senior District Judge.

I. INTRODUCTION

Before the Court is Defendants' Motion for Summary Judgment for Non-Joinder of Co-Inventor pursuant to 35 U.S.C. § 102(f), which came...

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