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ABBOTT LABORATORIES v. SELFCARE, INC.

Civil Action No. 98-10674-GAO.

17 F.Supp.2d 43 (1998)

ABBOTT LABORATORIES, Plaintiff, v. SELFCARE, INC. and Princeton Biomeditech Corporation, Defendants.

United States District Court, D. Massachusetts.

August 5, 1998.

Attorney(s) appearing for the Case

Lee C. Bromberg, Bromberg & Sunstein, Boston, MA, Peter B. Ellis, Foley, Hoag & Eliot, Boston, MA, Mary Kay McCalla Martire, Claudette P. Miller, Hopkins & Sutter, Chicago, IL, Jose E. Rivera, Jr., Regina M. Anderson, Office of General Counsel, Abbott Park, IL, for Plaintiff.

John E. Kidd, Thomas F. Fleming, Rogers & Wells, New York City, Peter B. Ellis, Foley, Hoag & Eliot, Boston, MA, Michael A. O'Shea, Rogers & Wells, Washington, DC, for Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The plaintiff Abbott Laboratories ("Abbott") and the defendants Selfcare, Inc. ("Selfcare") and Princeton BioMeditech Corporation ("PBM") each manufacture and sell pregnancy test kits for home use that employ immunoassay techniques. In this action, Abbott claims that the defendants are selling kits that infringe two patents of which Abbott is the licensee,...

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