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ABBOTT GMBH & CO. v. YEDA RESEARCH AND DEVELOPMENT

Civil Action No. 00-1720 (RMU).

516 F.Supp.2d 1 (2007)

ABBOTT GMBH & CO. KG, Plaintiff, v. YEDA RESEARCH AND DEVELOPMENT CO., LTD., Defendant.

United States District Court, District of Columbia.

June 28, 2007.

Attorney(s) appearing for the Case

George Aloysius Hovanec, Jr., Buchanan Ingersoll, PC, R. Danny Huntington, Burns, Doane, Swecker & Mathis, LLP, Alexandria, VA, for Plaintiff.

Roger Lowen Browdy, Ronni S. Jillions, Browdy & Neimark, P.L.L.C., Washington, DC, Alexander E. Gasser, Oblon, Spivak, McClelland, Maier & Newstadt, PC., Alexandria, VA, Kevin M. Flowers, Matthew C. Nielsen, Michael F. Borun, Nabeela McMillian, Marshall, Gerstein & Borun LLP, Chicago, IL, for Defendant.

MEMORANDUM OPINION

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiff, Abbott GmbH & Co. KG, is the owner of U.S. Patent No. 5,344,915, also known as the LeMaire patent. Pursuant to 35 U.S.C. § 146, the plaintiff seeks to set aside decisions made by the Board of Patent Appeals and Interferences of the United States. Trademark Office (the "Board") holding that the claims of the LeMaire patent are unpatentable and that...

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