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AFFYMETRIX, INC. v. PE CORP.

No. 01 Civ. 0634(NRB).

306 F.Supp.2d 363 (2004)

AFFYMETRIX, INC., Plaintiff, v. PE CORPORATION (N.Y.); Competitive Technologies, Inc.; Applera Corporation; Perseptive Biosystems, Inc., Defendants.

United States District Court, S.D. New York.

January 28, 2004.

Attorney(s) appearing for the Case

Robert J. Koch, Milbank, Tweed, Hadley & McCloy LLP, Washington, DC, Ralph C. Dawson, Fulbright & Jaworski, LLP, New York, NY, for Plaintiff.

David Kalow, Kalow & Springut LLP, New York NY, Matthew Powers, Weil Gotshal & Manges LLP, Redwood Shores, CA, for Defendant.

MEMORANDUM AND ORDER

BUCHWALD, District Judge.

This case arises from a complaint by Affymetrix, Inc. ("plaintiff") seeking inter alia a declaratory judgment against PE Corporation (New York), Competitive Technologies, Inc., Applera Corporation, and Perseptive Biosystems, Inc. (collectively "defendants") that five patents owned by defendant Competitive Technologies are unenforceable, invalid, and not infringed. The patents at issue are United States...

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