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GEN-PROBE INC. v. CENTER FOR NEUROLOGIC STUDY

No. CV 93-1284 H (BTM).

853 F.Supp. 1215 (1993)

GEN-PROBE INCORPORATED, a Delaware corporation, Plaintiff, v. CENTER FOR NEUROLOGIC STUDY, a not for profit corporation, and La Jolla Cancer Research Center, a not for profit California corporation, Defendants. CENTER FOR NEUROLOGIC STUDY, a California nonprofit corporation, Counterclaimant, v. David E. KOHNE, Ph.D., a California citizen, and Gen-Probe Incorporated, a Delaware corporation, and Does 1-10, inclusive, Counterdefendant.

United States District Court, S.D. California.

November 12, 1993.

Attorney(s) appearing for the Case

William F. Sullivan, Brobeck, Phleger & Harrison, San Diego, CA and Douglas E. Olson, Lyon & Lyon, La Jolla, CA, for plaintiff and counterdefendant Gen-Probe Inc.

Mauricio A. Flores, San Diego, CA, for defendant and counterclaimant CNS.

ORDER GRANTING MOTION TO DISMISS COUNTERCLAIM; GRANTING DEFENDANT 30 DAYS LEAVE TO FILE AN AMENDED COUNTERCLAIM

HUFF, District Judge.

I. INTRODUCTION

Plaintiff and Counter-Defendant Gen-Probe Incorporated ("Gen-Probe") and Counter-Defendant David E. Kohne (collectively "Plaintiffs") move the court to dismiss the counterclaim of Defendant Center for Neurologic Study ("CNS") pursuant to Federal Rule of Civil Procedure 12(b)(6), or, alternatively, for...

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