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GO MEDICAL INDUSTRIES PTY, LTD. v. INMED CORP.

No. 1:01-CV-313-TWT.

300 F.Supp.2d 1297 (2003)

GO MEDICAL INDUSTRIES PTY, LTD. and Alexander G.B. O'Neil, Plaintiffs, v. INMED CORPORATION d/b/a Rusch, International, a wholly owned subsidiary of Teleflex, Inc., and Alpine Medical, Inc. (formerly known as Medical Marketing Group, Inc.), Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

July 9, 2003.

Attorney(s) appearing for the Case

Patrick J. Flinn, Robin Lynn McGrath, Angela Payne James, Alston & Bird, Atlanta, GA, for plaintiffs.

William H. Needle, Bernard Luke Zidar, Needle & Rosenberg, Robert Benjamin Hill, William Stroud Sutton, McLain & Merritt, Ronnie L. Quigley, John Michael Harrison, Davis, Matthews & Quigley, Atlanta, GA, for defendants.

ORDER

THRASH, District Judge.

This is an action for patent and trademark infringement. It is before the Court on motions for summary judgment filed by all parties. In summary, the Court holds that the Defendants have infringed the Plaintiffs' patent, but the patent is invalid due to prior art because it is not entitled to a priority date of 1979. The conflicting claims to ownership of the O'Neil trademark for urinary catheters present questions of...

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