MEMORANDUM DECISION AND ORDER
WINMILL, Chief Judge.
INTRODUCTION
The Court has before it a motion for summary judgment filed by defendant Market Scan. Oral argument was held on October 31, 2005, and the motion is at issue. For the reasons expressed below, the Court will grant the motion in part as to Counts I, III, and V through VIII, and will deny the motion as to Counts II and IV.
FACTUAL BACKGROUND
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