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PROMOTE INNOVATION LLC v. ROCHE DIAGNOSTICS CORP.

Case No. 1:10-cv-964-TWP-TAB.

793 F.Supp.2d 1090 (2011)

PROMOTE INNOVATION LLC, Plaintiff, v. ROCHE DIAGNOSTICS CORPORATION and Roche Diagnostics Operations, Inc., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

June 3, 2011.

Attorney(s) appearing for the Case

Larry D. Thompson, Jr. , Matthew J. Antonelli , Zachariah S. Harrington , Antonelli Harrington & Thompson LLP, Houston, TX, for Plaintiff.

Daniel Paul Albers , Barnes & Thornburg, Chicago, IL, Joshua P. Larsen , Paul B. Hunt , Barnes & Thornburg LLP, Nancy G. Tinsley , Roche Diagnostics Operations, Inc., Indianapolis, IN, for Defendants.

ENTRY ON MOTION TO DISMISS

TANYA WALTON PRATT, District Judge.

This qui tam action is before the Court on Defendants Roche Diagnostics Corporation and Roche Diagnostic Operations, Inc.'s (collectively, "Roche") 12(b)(6) Motion to Dismiss. This dispute stems from David O'Neill's ("O'Neill") allegations that Roche has violated 35 U.S.C. § 292(a) by falsely marking diabetes monitoring and testing products with patent numbers of expired or...

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