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ROCHE DIAGNOSTICS CORP. v. BAYER CORP.

No. IP 00-C-1103-M/S.

247 F.Supp.2d 1065 (2003)

ROCHE DIAGNOSTICS CORPORATION, Plaintiff, v. BAYER CORPORATION, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

January 10, 2003.

Attorney(s) appearing for the Case

Donald Knebel, Peter J. Rusthoven, Barnes & Thornburg, Indianapolis, IN, for Roche Diagnostics Corp.

Theresa M. Gillis, Jones Day Reavis & Pogue, New York, NY, Linda Pence, Sommer Barnard Ackerson PC, Indianapolis, IN, for Bayer Corp.

Peter B. Ellis, Foley Hoag, LLP, Boston, MA, for Inverness Medical, Inc.

ORDER ON DEFENDANT'S MOTION FOR RECONSIDERATION OF THE COURT'S ORDER ON SUMARY JUDGMENT

McKINNEY, Chief Judge.

This cause is now before the Court on the defendant's, Bayer Corporation ("Bayer"), motion to reconsider the Court's order granting summary judgment to the plaintiff, Roche Diagnostics Corporation ("Roche"), on Bayer's defense of invalidity on the basis of anticipation of U.S. Patent Re 36,268 ("'268 patent"). Specifically, the Court ruled...

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