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CYTYC CORP. v. NEUROMEDICAL SYSTEMS, INC.

No. 97 Civ. 4642(BDP).

12 F.Supp.2d 296 (1998)

CYTYC CORPORATION, Plaintiff, v. NEUROMEDICAL SYSTEMS, INC., Mark R. Rutenberg and Laurie J. Mango, M.D., Defendants.

United States District Court, S.D. New York.

June 15, 1998.

Attorney(s) appearing for the Case

Dierdre M. Daly, Gage & Pavlis, New York City, for Plaintiff.

Joseph Savage, Testa Hurwitz & Thibeault, LLP, Boston, MA, Mark Mester, Latham & Watkins, New York City, for Defendants.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

INTRODUCTION

Plaintiff Cytyc Corporation ("Cytyc") commenced this action against Neuromedical Systems, Inc. ("NSI") and two of its officers (the "individual defendants"), asserting, among other things, claims under the Lanham Act, 15 U.S.C. § 1125(a), and New York General Business Law §§ 349 and 350. Cytyc has moved to dismiss NSI's First Amended Counterclaim (the "Counterclaim...

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