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PTS LABS LLC v. ABBOTT LABORATORIES

No. 99 C 2402.

126 F.Supp.2d 538 (2000)

PTS LABS LLC, an Illinois limited liability company, Plaintiff-Counterdefendant, v. ABBOTT LABORATORIES, an Illinois corporation, Defendant-Counterplaintiff.

United States District Court, N.D. Illinois, Eastern Division.

October 5, 2000.

Attorney(s) appearing for the Case

Raymond P. Niro, Arthur Anthony Gasey, David J. Sheikh, Paul Christopher Gibbons, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL, Brent P. Lorimer, Workman, Nydegger & Jenson, Salt Lake City, UT, for plaintiff.

Laura Jane Schumacher, Abbott Park, IL, James R. Ferguson, Michael More O'Hear, Sonnenschein, Nath & Rosenthal, Chicago, IL, Andrea L. Zopp, Chicago, IL, David A. Greenwood, VanCott, Bagley, Cornwall and McCarthy, Salt Lake City, UT, for defendant.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

This case has had a brief but somewhat colorful past. Plaintiff's efforts to obtain patent protection have been far more extended than is usually the case, and now we face an evident inconsistency between what has happened in the lawsuit and what has happened in the Patent and Trademark Office (PTO). That has led to plaintiff's Motion to Vacate Judgment and Reconsider the March 15 and April 25, 2000...

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