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MMTC, INC. v. ROGAN

No. CIV.A. 1:03CV1602JCC.

369 F.Supp.2d 675 (2004)

MMTC, INC., et al. Plaintiffs, v. James E. ROGAN, Director of the United States Office of Patents and Trademarks, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 20, 2004.

Attorney(s) appearing for the Case

Lawrence Bradley Bernard, Venable LLP, Washington, DC, for Plaintiffs.

Rachel Celia Ballow, United States Attorney's Office, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

CACHERIS, District Judge.

This matter is before the Court on the parties' cross-motions for summary judgment. For the reasons set forth below, the Court will grant summary judgment for Defendant.

I. Background

Plaintiff Microwave Medical Technology, Inc. ("MMTC") holds several patents on technology for the treatment of prostate cancer. One of MMTC's patents, U.S. Patent No. 5,007,437 ("the '437 patent"), relates...

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