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VIVUS, INC. v. KERCSO

No. C-96-20422 EAI.

977 F.Supp. 1004 (1997)

VIVUS, INC, Plaintiff v. Josef E. KERCSO, Defendant. Josef E. KERCSO, Counterclaimant, v. VIVUS, INC., Leland F. Wilson, and Virgil A. Place, Counterclaim defendants.

United States District Court, N.D. California, San Jose Division.

September 9, 1997.

Attorney(s) appearing for the Case

Ron E. Shulman, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for Plaintiff and Counterclaim defendants.

Gary L. Olimpia, Olimpia, Whelan & Lively, San Jose, CA, for Defendant and Counterclaimant.

ORDER DENYING COUNTERCLAIM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RE: INVENTORSHIP ISSUES

INFANTE, United States Magistrate Judge.

I. INTRODUCTION

Counterclaim defendants Vivus, Inc., Dr. Virgil A. Place, and Leland F. Wilson move for a summary judgment on Counterclaimant Josef E. Kercso's First and Second Causes of Action. Counterclaim defendants request that summary judgment be entered on Kercso's claim that he is the sole inventor, or at least...

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