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TRISTRATA TECHNOLOGY, INC. v. ICN PHARMACEUTICALS, INC.

No. CIV.A.01-150-JJF.

314 F.Supp.2d 356 (2004)

TRISTRATA TECHNOLOGY, INC., Plaintiff, v. ICN PHARMACEUTICALS, INC., Defendant.

United States District Court, D. Delaware.

April 12, 2004.

Attorney(s) appearing for the Case

Arthur G. Connolly, III, Esquire and Francis DiGiovanni, Esquire of Connolly, Bove, Lodge & Hutz LLP, Wilmington, Of Counsel: Michael O. Warnecke, Esquire, David R. Melton, Esquire, and Douglas L. Sawyer, Esquire of Mayer, Brown, Rowe & Maw LLP, Chicago, IL, Kevin M. McGovern, Esquire and Brian T. Foley, Esquire of McGovern & Associates, Greenwich, CT, for Plaintiff Tristrata Technology, Inc.

Steven J. Balick, Esquire of Ashby & Geddes, Wilmington, Of Counsel: Raymond A. Kurz, Esquire, Celine Jimenez Crowson, Esquire, and H. Keeto Sabharwal, Esquire of Hogan & Hartson, LLP, Washington, D.C., for Defendant ICN Pharmaceuticals, Inc.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court are two motions filed by Tristrata Technology, Inc. ("Tristrata"), the Motion To Strike Timmons Declaration (D.I.212) and the Motion For Enhanced Damages, Attorney's Fees And Expenses. (D.I.184.) For the reasons discussed, the Motion to Strike will be granted and the Motion for Enhanced Damages will be denied.

BACKGROUND

Following the close of evidence, the jury...

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