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ENGINEERED DATA PRODUCTS, INC. v. GBS CORP.

Civil Action No. 99-cv-00555-JLK.

506 F.Supp.2d 461 (2007)

ENGINEERED DATA PRODUCTS, INC., a Delaware corporation, Plaintiff, v. GBS CORPORATION, d/b/a GBS Filing Systems, an Ohio corporation, Defendant.

United States District Court, D. Colorado.

March 23, 2007.

Attorney(s) appearing for the Case

Gregg I. Anderson, Greenberg Traurig, LLP, John B. Phillips, Merchant & Gould, P.C, Denver, CO, Kerry L. Timbers, Robert M. Asher, Robert L. Kann, Bromberg & Sunstein, LLP, Boston, MA, for Plaintiff.

Neil L. Arney, Kutak Rock, LLP, Denver, CO, Ray L. Weber, Renner, Kenner, Greive, Bobak, Taylor & Weber, Akron, OH, Robert E. Purcell, Wall, Marjama & Bilinski, Syracuse, NY, for Defendant.

MEMORANDUM OPINION ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

JOHN L. KANE, Senior District Judge.

The parties in this patent infringement action have filed cross motions for partial summary judgment on Defendant's intervening rights defense. This statutory defense provides that when a patent has been reexamined by the United States Patent and Trademark Office, a patentee has a right to damages for infringement occurring before the issuance of the reexamination...

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