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CLONTECH LABORATORIES INC v. INVITROGEN CORP.

No. C.A.98-750-SLR.

263 F.Supp.2d 780 (2003)

CLONTECH LABORATORIES, INC., Plaintiff, v. INVITROGEN CORPORATION (formerly Life Technologies, Inc.) Defendant.

United States District Court, D. Delaware.

May 20, 2003.

Attorney(s) appearing for the Case

Richard L. Horwitz, Potter, Anderson & Corroon, LLP, Wilmington, Delaware, Patton Boggs, LLP, McLean, Virginia (Marc R. Labgold, Kevin M. Bell, Laura A. Donnelly, of Counsel), Richard J. Oparil, Patton Boggs, LLP, Washington, DC, for plaintiff.

Donald F. Parsons, Jr., Karen Jacobs Louden, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware, Milbank, Tweed, Hadley & McCloy, Washington, DC (Robert J. Koch, James Pooley, of counsel), for defendant.

OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On December 22, 1998, plaintiff Clontech Laboratories, Inc. ("Clontech") filed suit against defendant Invitrogen Corporation (formerly Life Technologies, Inc. or "LTI") alleging false marking pursuant to 35 U.S.C. § 292. (D.I.I) Plaintiffs complaint was subsequently amended to include allegations of violation of the Sherman Act, 15 U.S.C. §§ 1, 2, and the Delaware Deceptive Trade...

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