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MKS INSTRUMENTS v. ADVANCED ENERGY INDUSTRIES

No. CIV.A.00-1004 JJF.

204 F.Supp.2d 720 (2002)

MKS INSTRUMENTS, INC. and Applied Science and Technology, Inc., Plaintiffs, v. ADVANCED ENERGY INDUSTRIES, INC., Defendant.

United States District Court, D. Delaware.

May 10, 2002.

Attorney(s) appearing for the Case

Josy Ingersoll and Christian Douglas Wright, Esquires of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware. Of Counsel: Steven M. Bauer, Joseph A. Capraro, Jr., Kurt W. Lockwood, and Richard M. Myrus, Esquires of Testa, Hurwitz & Thibeault, LLP, Boston, Massachusetts. Attorneys for Plaintiff.

Thomas C. Grimm and John D. Pirnot, Esquires of Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware. Of Counsel: Matthew B. Lehr, Esquire of Cooley Godward, LLP, Palo Alto, California. Attorneys for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is a Motion For Summary Judgment of Non-Infringement (D.I.105) filed by Defendant, Advanced Energy Industries, Incorporated. For the reasons discussed, the motion will be denied.

BACKGROUND

Plaintiff, MKS Instruments, Inc. and Applied Science and Technology, Inc. (collectively "MKS") filed this action against Defendant, Advanced Energy Industries, Inc. ("Advanced...

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