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WESLEY JESSEN CORP. v. BAUSCH & LOMB INC.

No. CIV.A.01-294.

235 F.Supp.2d 370 (2002)

WESLEY JESSEN CORPORATION Plaintiff, v. BAUSCH & LOMB INC., Defendant.

United States District Court, D. Delaware.

December 6, 2002.

Attorney(s) appearing for the Case

Andre G. Bouchard, Esquire and Karen L. Pascale, Esquire of Bouchard, Margules & Friedlander, Wilmington, DE, for Plaintiff. Of counsel: Raphael V. Lupo, Esquire, Charles R. Work, Esquire, Kenneth L. Cage, Esquire, Thomas P. Steindler, Esquire and Daniel Bucca, Esquire of McDermott, Will & Emery.

Jack B. Blumenfeld, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Defendant. Of counsel: Edward W. Remus, Esquire, Priscilla F. Gallagher, Esquire, Alejandro Menchaca, Esquire and Troy A. Groetken, Esquire of McAndrews, Held & Malloy, Chicago, IL.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On May 3, 2001, plaintiff Wesley Jessen Corporation filed an action against defendant Bausch & Lomb, Inc., alleging patent infringement. (D.I.1) After a bench trial, former Judge Roderick McKelvie issued an opinion on June 26, 2002, finding that defendant's accused product infringed plaintiff's patent. (D.I.146) In conjunction with the opinion, a permanent injunction was entered...

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