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NOMOS CORP. v. ZMED, INC.

No. 01-CV-10765-MEL.

175 F.Supp.2d 96 (2001)

NOMOS CORPORATION, Plaintiff and Counter-Defendant, v. ZMED, INC., Defendant and Counter-Claimant.

United States District Court, D. Massachusetts.

October 9, 2001.

Attorney(s) appearing for the Case

Martin J. O'Donnell, Michael E. Attaya, Cesari & McKenna, LLP, Boston, Clarence E. Eriksen, Samer Al-Azem, McGlinchey Stafford P.L.L.C., Houston, TX, for Nomos Corporation, Plaintiffs.

Daniel P. Tighe, Griesinger, Walsh & Maffei, LLP, Boston, Callie A. Bjurstrom, Peter K Hahan, Peter K. Hahn, Luce, Forward, Hamilton & Scripps LLP, Stephanie E. Kish, Luce, Forward, Hamilton & Scripps LLP, San Diego, CA, for Zmed, Inc., Defendants.

MEMORANDUM AND ORDER

LASKER, District Judge.

ZMED has filed a counter-claim for infringement of patent no. 5,447,154 ('154). The patent is owned by the Universite Joseph Fourier (UJF), a French educational body, which licensed the patent to Praxim, which in turn licensed it to ZMED. NOMOS moves to dismiss ZMED's counter-claim on the ground that ZMED lacks standing to sue.

The motion is denied.

I.

On May 4, 2001, NOMOS...

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