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BAUSCH & LOMB, INC. v. ALLERGAN, INCORPORATED

No. 00-CV-6035 L.

136 F.Supp.2d 166 (2001)

BAUSCH & LOMB, INC., Plaintiff, v. ALLERGAN, INCORPORATED, Defendant.

United States District Court, W.D. New York.

March 12, 2001.

Attorney(s) appearing for the Case

Michael Wolford, Wolford & Leclair LLP, Rochester, NY, Scott K. Reed, Steven C. Kline, Dominick A. Conde, Gregory B. Sephton, Daniel R. Cahoy, Colleen Tracy, Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, New York City, for Bausch & Lomb Inc.

Douglas Jones, Henry R. Ippolito, K. Wade Eaton Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, NY, Edward W. Goldstein, John T. Polasek, Gary J. Fischmann, Stephen W. Abbott, Goldstein & Healey, Houston, TX, for Allergan, Incorporated.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This is a patent infringement action. Plaintiff, Bausch & Lomb Incorporated ("B & L") has sued defendant Allergan, Inc. for infringement of United States Patent No. 5,096,607 ("the '607 patent"), which claims a method of simultaneously cleaning and disinfecting contact lenses. Allergan has asserted, as an affirmative defense and as a counterclaim, that B & L has misused the...

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