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W.L. GORE & ASSOCIATES, INC. v. GI DYNAMICS, INC.

No. CV-10-8088-PCT-GMS.

872 F.Supp.2d 883 (2012)

W.L. GORE & ASSOCIATES, INC., Plaintiff/Counter-Defendant, v. GI DYNAMICS, INC., Defendant/Counter-Claimant.

United States District Court, D. Arizona.

May 30, 2012.

Attorney(s) appearing for the Case

Paul L. Navarro , Arturo J. Gonzalez , Harold J. McElhinny , Mark W. Danis , Wynne Cathcart Erickson , Morrison & Foerster LLP, San Francisco, CA, Helen Perry Grimwood , Newton Douglas Grimwood , Grimwood Law Firm PLC, Phoenix, AZ, for Plaintiff/Counter-Defendant.

Eric A Haskell , Michael V. Dowd , Charlotte Marie Petilla , Claire Laporte , Dean Richlin , Marco J Quina , Foley Hoag LLP, Boston, MA, Andrew Mark Federhar , Fennemore Craig PC, Phoenix, AZ, for Defendant/Counter-Claimant.

ORDER

G. MURRAY SNOW, District Judge.

Pending before the Court is a Motion for Summary Judgment on Defendant/Counter-Claimant GI Dynamics, Inc.'s ("GID") Counterclaims filed by Plaintiff/Counter-Defendant W.L. Gore & Associates, Inc. ("Gore"). (Doc. 119). For the reasons stated below, the motion is granted in part and denied in part.

BACKGROUND

Gore's Medical Division is in the business of developing, manufacturing and marketing a variety...

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