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PRAXAIR, INC. v. ATMI, INC.

No. CIV.03-1158-SLR.

445 F.Supp.2d 473 (2006)

PRAXAIR, INC. and Praxair Technology, Inc., Plaintiffs, v. ATMI, INC. and Advanced Technology Materials, Inc., Defendants.

United States District Court, D. Delaware.

August 17, 2006.

Attorney(s) appearing for the Case

Jack B. Blumenfeld, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware. Counsel for Plaintiff. Of Counsel: Herbert F. Schwartz, Esquire, Christopher J. Harnett, Esquire and Steven Pepe, Esquire of Ropes & Gray LLP, New York, New York, Steven T. Trinker, Esquire of Praxair, Inc., Danbury, Connecticut.

Frederick L. Cottrell, III, Esquire and Alyssa M. Schwartz, Esquire of Richards, Layton & Finger, P.A., Wilmington, Delaware. Counsel for Defendant. Of Counsel: Nicholas L. Coch, Esquire, Theodore J. Mlynar, Esquire and Keith A. Walter, Esquire of Kramer Levin Naftalis & Frankel, LLP, New York City.

OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

1. The court tried the single issue of inequitable conduct in a bench trial on December 12, 2005. The court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1338(a) and 2201(a). Having considered the documentary evidence and testimony, the court makes the following findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a). Also before the court...

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