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ENZO LIFE SCIENCES, INC. v. DIGENE CORP.

No. CIV.A. 02-212 JJF.

305 F.Supp.2d 406 (2004)

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

United States District Court, D. Delaware.

February 19, 2004.

Attorney(s) appearing for the Case

Josy W. Ingersoll, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, Kenyon & Kenyon, New York, NY (Richard L. DeLucia, Paul M. Richter, Jr., of Counsel) for Plaintiff/Counterclaim Defendant Enzo Life Sciences, Inc., and Counterclaim Defendant/Declaratory Plaintiff Enzo Biochem, Inc.

Richard D. Kirk, Morris, James, Hitchens & Williams LLP, Wilmington, DE, Patton Boggs LLP, McLean, VA (Marc R. Labgold, Ph.D., Kevin M. Bell, of Counsel), Richard J. Oparil, Patton Boggs LLP, Washington, DC, for Defendant/Counterclaim Plaintiff Digene Corporation.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is the Motion Of Digene Corporation ("Digene") For Partial Summary Judgment Of Invalidity (By Reason Of Indefiniteness). (D.I.36.) For the reasons discussed, the Court will deny the Motion.

CONTENTIONS

Digene contends that claims 16-29 and 44-56 of U.S. Patent No. 6,221,581 (the "'581 patent") are invalid for indefiniteness...

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