SEARS PETRO. & TRANSPORT v. ARCHER DANIELS MIDLAND

Civ. Action No. 5:03-CV-1120 (DEP).

558 F.Supp.2d 273 (2008)

SEARS PETROLEUM & TRANSPORT CORP., et al., Plaintiffs, v. ARCHER DANIELS MIDLAND COMPANY, et al., Defendants.

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

May 20, 2008.


Attorney(s) appearing for the Case

Lathrop, Gage Law Firm, William R. Hansen, Esq., Bernadette Reilly, Esq., of Counsel, Duane, Morris Law Firm, John Dellaportas, Esq., of Counsel, New York, NY, Marjama & Bilinski Law Firm, Denis J. Sullivan, Esq., of Counsel, Syracuse, NY, for Plaintiffs.

Kirkpatrick & Lockhart, Tara C. Clancy, Esq., Christopher Centurelli, Esq., of Counsel, Boston, MA, Hiscock & Barclay, LLP, John D. Cook, Esq., Robert A. Barrer, Esq., of Counsel, Syracuse, NY, for ADM Defendants.

Hedman, Costigan Law Firm, John F. Volpe, Esq., of Counsel, Locke, Lord Law Firm, Alan B. Clement, Esq., of Counsel, New York, NY, Gilberti, Stinziano Law Firm, Timothy Lambrecht, Esq., of Counsel, Syracuse, NY, for Defendant MLI.


DECISION AND ORDER

DAVID E. PEEBLES, United States Magistrate Judge.

Plaintiffs Sears Petroleum & Transport Corp. and Sears Ecological Applications Co., LLC (collectively, "Sears") have commenced this action alleging patent infringement on the part of the various defendants sued. At the heart of this controversy is United States Patent No. 6,299,793 (the "'793 patent"), issued in October of 2001 and assigned to Sears, as well as its offspring...

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