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INTEST CORP. v. REID-ASHMAN MFG., INC.

Civil Action No. 99-247-JJF.

66 F.Supp.2d 576 (1999)

INTEST CORPORATION, and Intest IP Corp., Plaintiffs, v. REID-ASHMAN MANUFACTURING, INC., Defendant.

United States District Court, D. Delaware.

September 10, 1999.

Attorney(s) appearing for the Case

Kevin W. Goldstein, Ratner & Prestia, Wilmington, DE, Kevin R. Casey, Daniel N. Calder, and Christopher J. Dervishian, Ratner & Prestia, Valley Forge, PA, for plaintiffs.

Donald F. Parsons, Jr., Thomas C. Grimm, Richard W. Ellis, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, David N. Koffsky, Ohlandt, Greely, Ruggerio & Perle, Stamford, CT, of counsel, for defendant.

OPINION

FARNAN, Chief Judge.

This action was brought by the Plaintiffs, inTEST Corporation and inTEST IP Corp. against the Defendant, Reid-Ashman Manufacturing, Inc. for infringement of U.S.Patent No. B1 4,589,815. By agreement of the parties, cross-motions for summary judgment have been submitted on the issue of intervening rights. For the reasons set forth below, the Court concludes that the Defendant is not precluded from asserting the defense...

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