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MKS INSTRUMENTS, INC. v. ADVANCED ENERGY INDUSTRIES, INC.

No. CIV.A. 03-469 JJF.

325 F.Supp.2d 471 (2004)

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

United States District Court, D. Delaware.

July 16, 2004.

Attorney(s) appearing for the Case

Melanie K. Sharp, Esquire of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, Of Counsel: Steven M. Bauer, Esquire of Proskauer Rose, LLP, Boston, MA, for Plaintiffs MKS Instruments, Inc. and Applied Science and Technology, Inc.

Thomas C. Grimm, Esquire and Kristen M. Healey, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Of Counsel: Stephen P. Swinton, Esquire, James P. Brogan, Esquire and Craig A. Neugeboren, Esquire of Cooley Godward, LLP, Broomfield, CO, for Defendant Advanced Energy Industries, Inc.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before me is the Motion For Partial Summary Judgment Of Non-Infringement Under The Doctrine Of Equivalents (D.I. 139) filed by Advanced Energy Industries, Inc. For the reasons discussed, the Motion will be granted.

BACKGROUND

I. General Background

Advanced Energy Industries, Inc. ("Advanced") and MKS both manufacture components used in semiconductor processing equipment...

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