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ADVANCED MEDICAL OPTICS, INC. v. ALCON INC.

No. CIV.A.03-1095-KAJ.

361 F.Supp.2d 370 (2005)

ADVANCED MEDICAL OPTICS, INC., a Delaware corporation, Plaintiff, v. ALCON INC., a Swiss corporation, and Alcon Laboratories, Incorporated, a Delaware corporation. Defendants.

United States District Court, D. Delaware.

March 28, 2005.

Attorney(s) appearing for the Case

Richard L. Horowitz, Esq. and David E. Moore, Esq., Potter Anderson & Corroon LLP, Hercules Plaza, Wilmington, DE, counsel for plaintiff. Of Counsel: A. James Isbester, Esq. and Gillian W. Thackray, Esq., Isbester & Associates, Berkeley, CA.

Josy W. Ingersoll, Esq. and Melanie K. Sharp, Esq., Young Conaway Stargatt & Taylor, LLP, The Brandywine Building, Wilmington, DE, counsel for defendants. Of Counsel: Robert G. Krupka, Esq. and Erica S. Olson, Esq., Kirkland & Ellis, LLP, Los Angeles, CA.

MEMORANDUM OPINION

JORDAN, District Judge.

I. INTRODUCTION

This is a patent infringement case. Presently before me are the parties' requests for construction of the disputed claim language of U.S. Patent No. 5,700,240 (issued Dec. 23, 1997) (the "'240 patent") and U.S. Patent No. 6,059,765 (issued May 9, 2000) (the " '765 patent"), pursuant to Markman v. Westview Instruments, Inc., 52 F.3d 967

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