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MADEY v. DUKE UNIVERSITY

No. 1:97CV01170.

336 F.Supp.2d 583 (2004)

John M.J. MADEY, Plaintiff, v. DUKE UNIVERSITY, Defendant.

United States District Court, M.D. North Carolina.

September 20, 2004.

Attorney(s) appearing for the Case

Randall M. Roden, Tharrington Smith, Raleigh, NC, James Lee Lester, MacCord Mason, PLLC, Greensboro, NC, for Plaintiff and Counter-Defendant.

John M. Simpson, Fulbright & Jaworski, L.L.P., Washington, DC, for Defendant and Counter-Claimant.

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter is currently before the Court after being remanded by the United States Court of Appeals for the Federal Circuit ("Federal Circuit"). Plaintiff Dr. John M.J. Madey ("Dr. Madey" or "Plaintiff") claims that Defendant Duke University ("Duke" or "Defendant") violated 35 U.S.C. § 271(a) by infringing on two of Plaintiff's patents. Plaintiff also brings related state-law...

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