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  5. 934 F.Supp. 925 (1995)
 

ABBOTT LABORATORIES v. ZENITH LABORATORIES, INC.

No. 95 C 3328.

934 F.Supp. 925 (1995)

ABBOTT LABORATORIES, an Illinois corporation, Plaintiff, v. ZENITH LABORATORIES, INC., A New Jersey corporation, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

September 28, 1995.

Attorney(s) appearing for the Case

Catherine A. Sazdanoff, Abbott Laboratories, Abbott Park, Daniel Reidy, Lester Julion Savit, David Witcoff, Tina M. Tabacchi, Douglas I. Lewis, Jones, Day, Reavis & Pogue, Chicago, IL, for plaintiff.

Malcolm Hirsten Brooks, Steven B. Vonck, Marc L. Fogelberg, George M. Sonders, McBride, Baker & Coles, Chicago, IL, Roy Wepner, Arnold H. Krumholz, Lerner, David Littenberg, Krumholz and Mentlik, Westfield, NJ, for defendant.

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

Before the Court is Defendant Zenith Laboratories' Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure and Motion for an Award of Attorney Fees and Expenses.

I. BACKGROUND

A. FACTS

Plaintiff Abbott Laboratories ("Plaintiff'), in Count I of its Complaint dated June 5, 1995 ("Complaint"), has brought a patent infringement...

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