OPTIGEN, LLC v. INTERNATIONAL GENETICS, INC.

Nos. 5:09-CV-0006 (GTS/ATB), 5:09-CV-0457 (GTS/ATB).

877 F.Supp.2d 33 (2012)

OPTIGEN, LLC, Plaintiff, v. INT'L GENETICS, INC.; Genetic Fulfillment USA, LLC; Pinpoint DNA Techs., Inc.; and Richard B. Dobbins, Defendants. Optigen, LLC, Plaintiff, v. DNA Diagnostics, Inc., d/b/a Shelterwood Labs.; Melba S. Ketchum; Int'l Genetics, Inc.; Genetic Fulfillment USA, LLC; Pinpoint DNA Techs., Inc.; and Richard B. Dobbins, Defendants. Int'l Genetics, Inc.; Genetic Fulfillment USA, LLC; Pinpoint DNA Techs., Inc.; and Richard B. Dobbins, Counter-Claimants, v. Optigen, LLC, Counter-Defendant.

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

July 2, 2012.


Attorney(s) appearing for the Case

Hodgson Russ LLP, Jodyann Galvin, Esq. , Robert J. Lane, Jr., Esq. , Melissa N. Subjeck, Esq. , of Counsel, Buffalo, NY, for Plaintiff.

Flynn Peeler & Phillips, LLC, Charles E. Peeler, Esq. , of Counsel, Albany, GA, for Defendants Int'l Genetics, Inc., Genetic Fulfillment USA, Inc., Pinpoint DNA Techs., Inc., and Richard B. Dobbins.

Meggesto Crossett & Valerino, LLP, James A. Meggesto, Esq. , of Counsel, Syracuse, NY, for the four-above listed Defendants.

Kloss, Stenger & LoTempio, David W. Kloss, Esq. , of Counsel, Buffalo, NY, for Defendants DNA Diagnostics, Inc., and Melba S. Ketchum.


MEMORANDUM-DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in these two consolidated patent infringement actions filed by Optigen, LLC ("Plaintiff") against the six above-captioned entities and individuals, are the following two motions: (1) Plaintiff's motion for partial summary judgment against International Genetics, Inc., Genetic Fulfillment USA, Inc., PinPoint...

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