In May of 1990, plaintiff purchased Hygeia Sciences Inc. (Hygeia), the wholly-owned subsidiary of defendant, which produced a five-minute pregnancy test kit and a 10-minute ovulation test kit, under the brand name FIRST RESPONSE. Both products used a technology known as "gold sol" in cup test form. The purchase agreement included an indemnity clause, pursuant to which defendant agreed to indemnify plaintiff for patent infringement claims relating to any "products which were...
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