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CONMED CORP. v. ERBE ELECTROMEDIZIN GMBH

No. 00-CV-0987.

129 F.Supp.2d 461 (2001)

CONMED CORPORATION, and Aspen Laboratories, Inc., a wholly-owned subsidiary of Conmed Corporation, Plaintiffs, v. ERBE ELECTROMEDIZIN GMBH, and ERBE USA, Inc., Defendants.

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

March 7, 2001.

Attorney(s) appearing for the Case

Hancock & Estabrook LLP, for Plaintiffs Conmed Corporation and Aspen Laboratories, Inc., Syracuse, NY, James R. Muldoon, John R. Powers, of counsel.

Mackenzie, Smith, Lewis, Michell & Hughes LLP, for Defendants ERBE Electromedizin GmbH and ERBE USA, Inc., Syracuse, NY, Dennis P. Hennigan, of counsel.

Gardner, Carton & Douglas, for Defendants ERBE Electromedizin, GmbH and ERBE USA, Inc., Washington, D.C., Charles C. Lemley, of counsel.

AMENDED MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On June 22, 2000, plaintiffs Conmed Corporation ("Conmed") and Aspen Laboratories, Inc. ("Aspen") (collectively "plaintiffs") commenced the instant action against defendants ERBE Electromedizin GmbH and ERBE USA, Inc. (collectively "ERBE" or "defendants") pursuant to 28 U.S.C. §§ 2201, 2202 and 1338, and the Patent Laws of the United...

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