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KOEPNICK MEDICAL & EDUC. RESEARCH FOUNDATION v. ALCON LABORATORIES

No. CV 03-0029-PHX-JAT.

347 F.Supp.2d 731 (2004)

KOEPNICK MEDICAL & EDUCATION RESEARCH FOUNDATION, L.L.C., Plaintiff, v. ALCON LABORATORIES, INC.; Bausch & Lomb Incorporated; Summit Autonomous, Inc.; Swagel-Wootton Eye Center, Ltd.; Southwestern Eye Center, Ltd., Defendants.

United States District Court, D. Arizona.

December 7, 2004.

Attorney(s) appearing for the Case

Peter C. Warner of Tempe, AZ, for Plaintiff Koepnick Medical & Education Research Foundation.

Robert G. Krupka, David S. Shukan, Eric W. Hagen, Erica S. Olson, and Timothy Majors of Kirkland & Ellis LLP in Los Angeles, CA by Mark Deatherage of Gallagher & Kennedy, P.A. in Phoenix, AZ, for Defendants Alcon Laboratories, Inc.; Alcon Refractive Horizons, Inc.; and Southwestern Eye Center, Ltd.

Joseph R. Re, Joseph S. Cianfrani, and Christy G. Lea of Knobbe Martens, Olson & Bear, LLP by Timothy J. Burke of Fennemore Craig in Phoenix, AZ, for Defendants Bausch & Lomb Incorporated and Swagel-Wootton Eye Center, Ltd.

ORDER

TEILBORG, District Judge.

Pending before the Court is the issue of the construction of the asserted claims of United States Patent No. 5,658,303 (the "'303 patent"). This matter came before the Court for a Markman hearing on August 6, 2004. The parties submitted Revised Proposed Findings of Fact and Conclusions of Law after the Markman hearing (Doc. Nos. 106, 107, 108) and pursuant to this Court's were allowed to file objections to the...

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