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  5. 623 F.Supp.2d 414 (2008)
 

VDP PATENT, LLC v. WELCH ALLYN HOLDINGS, INC.

No. 06 Civ. 5821 (GEL).

623 F.Supp.2d 414 (2008)

VDP PATENT, LLC, Plaintiff, v. WELCH ALLYN HOLDINGS, INC., et al., Defendants.

United States District Court, S.D. New York.

June 24, 2008.

Attorney(s) appearing for the Case

Michael B. Weiss, Cahill Gordon & Reindel LLP, New York, NY, for plaintiff.

Douglas J. Nash and John D. Cook, Hiscock & Barclay, LLP, Syracuse, NY, for defendants.

OPINION AND ORDER

GERARD E. LYNCH, District Judge:

Plaintiff VDP Patent, LLC, ("VDP") owns a patented method to remove cerumen—earwax—from the ear canal, U.S. Patent No. 5,944,711 (the "'711 patent").1 VDP accuses defendants Welch Allyn Holdings, Inc., d/b/a Welch Allyn, Inc., ("Welch Allyn") a manufacturer of medical equipment, and Harold Ellis Drugs and Surgicals, Inc., a distributor of Welch Allyn's products...

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