VDP PATENT, LLC v. WELCH ALLYN HOLDINGS, INC.

No. 06 Civ. 5821 (GEL).

623 F.Supp.2d 364 (2007)

VDP PATENT, LLC, Plaintiff, v. WELCH ALLYN HOLDINGS, INC., d/b/a Welch Allyn, Inc., and Harold Ellis Drugs and Surgicals Inc., Defendants.

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

June 28, 2007.


Attorney(s) appearing for the Case

Michael B. Weiss, Cahill Gordon & Reindel LLP, New York, NY, for Plaintiff.

Douglas J. Nash and John D. Cook, Hiscock & Barclay, LLP, Syracuse, NY, for Defendants.


OPINION AND ORDER

GERARD E. LYNCH, District Judge:

Plaintiff VDP Patent, LLC ("VDP"), accuses defendants Welch Allyn Holdings, Inc., d/b/a Welch Allyn, Inc. ("Welch Allyn"), a manufacturer of medical equipment, and Harold Ellis Drugs and Surgicals, Inc., a distributor of Welch Allyn's products, of infringing VDP's U.S. Patent No. 5,944,711 ("'711 patent"), by selling a certain ear-washing system. The '711 patent is directed to a method for flushing out cerumen...

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