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  5. 729 F.Supp. 1473 (1990)
 

SCRIPPS CLINIC AND RES. FOUND. v. BAXTER TRAVENOL

Civ. A. 87-140-CMW.

729 F.Supp. 1473 (1990)

SCRIPPS CLINIC AND RESEARCH FOUNDATION, and Rorer Group, Inc., Plaintiffs, v. BAXTER TRAVENOL LABORATORIES, INC., and Travenol Laboratories, Inc., Defendants.

United States District Court, D. Delaware.

February 8, 1990.

Attorney(s) appearing for the Case

Gregory A. Inskip, of Potter, Anderson & Corroon, Wilmington, Del.; Eugene Moroz, and William S. Feiler, of Morgan & Finnegan, New York City, of counsel, for plaintiffs.

Allen M. Terrell, Jr., and Robert W. Whetzel, of Richards, Layton & Finger, Wilmington, Del.; Granger Cook, Jr., and Dean A. Monco, of Cook & Egan, Ltd., Chicago, Ill., and Paul C. Flattery, and Robert E. Hartenberger, of Baxter Travenol Laboratories, Inc., Deerfield, Ill., of counsel, for defendants.

OPINION

CALEB M. WRIGHT, Senior District Judge.

Plaintiffs Scripps Clinic and Research Foundation and Rorer Group, Inc. (hereinafter collectively referred to as "Scripps") filed this patent infringement suit in 1987 against defendants Baxter Travenol Laboratories, Inc. and Travenol Laboratories, Inc. (hereinafter referred to as "Baxter"). Baxter has asserted as defenses the patent's invalidity and unenforceability, and has also asserted a counterclaim for...

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