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ENZO LIFE SCIENCES, INC. v. DIGENE CORP.

No. CIV.A.02-212-JJF.

295 F.Supp.2d 424 (2003)

ENZO LIFE SCIENCES, INC., Plaintiff/Counterclaim Defendant, v. DIGENE CORPORATION, Defendant/Counterclaim Plaintiff v. Enzo Biochem, Inc., Additional Counterclaim Defendant.

United States District Court, D. Delaware.

March 31, 2003.

Attorney(s) appearing for the Case

Richard D. Kirk, Esquire of Morris, James, Hitchens & Williams L.L.P., Wilmington, DE, Patton Boggs L.L.P., McLean, VA (Mark R. Labgold, Ph.D., Kevin M. Bell, Laura A. Donnelly, of counsel), Richard J. Oparil, Esquire of Patton Boggs L.L.P., Washington, DC, for CounterClaim Plaintiff, Digene Corporation.

Josy W. Ingersoll, and Sara Beth Reyburn Esquires of Young, Conaway, Stargatt & Taylor, L.L.P., Wilmington, DE, Kenyon & Kenyon, New York, NY (Richard L. DeLucia, Jeffrey M. Butler, and Paul M. Richter, Jr., of counsel) for Counterclaim Defendant, Enzo Biochem, Inc.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is Counterclaim Defendant Enzo Biochem Inc.'s Motion to Dismiss Digene Corporation's Counterclaims (D.I.26), for the reasons set forth below, the motion will be denied.

I. BACKGROUND

This action began with the present Defendant/Counterclaim Plaintiff Digene Corporation ("Digene") filing suit against the present Counterclaim Defendant Enzo Biochem, Inc. ("Biochem...

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