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BICON, INC. v. STRAUMANN CO.

No. CIV.A.01 CV 10269-GA.

356 F.Supp.2d 6 (2005)

BICON, INC. and DIRO, INC., Plaintiffs v. THE STRAUMANN COMPANY and INSTITUT STRAUMANN AG, Defendants

United States District Court, D. Massachusetts.

February 14, 2005.

Attorney(s) appearing for the Case

Kevin C. Cain, Peabody & Arnold, Boston, MA, for Bicon, Inc., Diro, Inc., Counter Defendants.

Stephen J. Elliott, Kaye Scholer LLP, New York, NY, for Institut Straumann AG, The Straumann Company, Defendants.

Erick S. Hanson, Kaye Scholer LLP, New York City, for Institut Straumann AG, The Straumann Company, Defendants.

Jason C. Kravitz, Nixon Peabody, LLP, Boston, MA, for Institut Straumann AG, The Straumann Company, Counter Claimants.

Cornelius J. Moynihan, Jr., Nixon Peabody, LLP, Boston, MA, for Institut Straumann AG, The Straumann Company, Counter Claimants.

Milton S. Sherman, Kaye Scholer LLP, New York City, for Institut Straumann AG, The Straumann Company, Defendants.

Berj A. Terzian, Pennie & Edmonds, New York City, for Bicon, Inc., Diro, Inc., Counter Defendants.

ORDER ON MOTION FOR ATTORNEYS' FEES

O'TOOLE, District Judge.

Having prevailed on their motion for summary judgment of non-infringement and their related opposition to the plaintiffs' cross-motion for summary judgment, the defendants now move for attorneys' fees pursuant to 35 U.S.C. § 285, asserting that this is an "exceptional case" justifying such an award.

There are two preliminary matters...

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