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HYPOXICO INC. v. COLORADO ALTITUDE TRAINING

No. 02 Civ. 6191 (TPG).

630 F.Supp.2d 319 (2009)

HYPOXICO INC., Plaintiff, v. COLORADO ALTITUDE TRAINING, et al., Defendants.

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

May 29, 2009.

Attorney(s) appearing for the Case

Edward Murray Weisz, Martin B. Pavane, Roger S. Thompson, Cohen Pontani Lieberman & Pavane, New York, NY, for Plaintiff.

John M. Nonna, Dewey & Leboeuf, L.L.P., Martin B. Pavane, Roger S. Thompson, Cohen Pontani Lieberman & Pavane, New York, NY, Kimberly M. Hult, William D. Meyer, Hutchinson Black And Cook, LLC, Boulder, CO, for Defendants.

OPINION

THOMAS P. GRIESA, District Judge.

This patent infringement case was brought to trial on January 12, 2009. After a three-week trial, the jury returned a verdict in plaintiff's favor.

This opinion addresses the following pending matters. Defendants asserted a claim of inequitable conduct, which has not been formally decided by the court. Defendants moved to dismiss the case during trial for lack of subject matter jurisdiction, and renewed...

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