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LIFESCAN, INC. v. CAN-AM CARE CORP.

No. C-93-20430 JW.

859 F.Supp. 392 (1994)

LIFESCAN, INC., a California corporation, Plaintiff, v. CAN-AM CARE CORP., a New York corporation, Defendant.

United States District Court, N.D. California.

May 23, 1994.

Attorney(s) appearing for the Case

David Eiseman, Bronson Bronson & McKinnon, San Francisco, CA, Barbara L. Mullin, Lynn A. Malinoski and Dianne B. Elderkin, Woodcock Washburn Kurtz Mackiewicz & Norris, Philadelphia, PA, for Lifescan, Inc., a California Corp.

Joseph F. Jennings, Knobbe Martens Olson & Bear, Newport Beach, CA, for Can-Am Care Corp., a New York Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT

WARE, District Judge.

On April 29, 1994, the Court held a hearing regarding Defendant's motions for summary judgment. Based upon all pleadings filed to date, as well as on the oral argument of counsel, the Court orders as follows.

I. BACKGROUND

Plaintiff Lifescan, Inc. ("Lifescan") is in the business of manufacturing and selling One Touch Brand blood...

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