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BRAINTREE LABORATORIES, INC. v. NEPHRO-TECH, INC.

No. 96-2459-JWL.

31 F.Supp.2d 921 (1998)

BRAINTREE LABORATORIES, INC., Plaintiff, v. NEPHRO-TECH, INC., et al., Defendants.

United States District Court, D. Kansas.

November 13, 1998.

Attorney(s) appearing for the Case

Craig T. Kenworthy, Swanson, Midgley, Gangwere, Kitchin & McLarney, LLC, Overland Park, Arthur A Smith, Jr, Boston, MA, Allen R. Slater, Judge, District Judge, Div. 9, Olathe, KS, for Plaintiff.

Mark E. Brown, Marcia J. Rodgers, Litman, McMahon & Brown, Steven H. Mustoe, Kurlbaum, Stoll, Seaman, Reefer, Suter & Mustoe, P.C., Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff Braintree Laboratories, Inc. brought this action against defendants Nephro-Tech, Inc., G.P. Georges III and Kimberly J. Georges alleging patent infringement, common law unfair competition, and false or misleading advertising in violation of the Lanham Act. The matter is presently before the court on defendants' motion to dismiss plaintiff's § 271(c) claim and motion for judgment on the...

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