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RETRACTABLE TECHNOLOGIES, INC. v. OCCUPATIONAL & MEDICAL INNOVATIONS, LTD.

Case No. 6:08 CV 120.

RETRACTABLE TECHNOLOGIES, INC., Plaintiff v. OCCUPATIONAL & MEDICAL INNOVATIONS, LTD., Defendant.

United States District Court, E.D. Texas, Tyler Division.

September 11, 2008.

MEMORANDUM OPINION AND ORDER

LEONARD DAVIS, District Judge.

Before the Court is Defendant's Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(5) (Docket No. 5). Having considered the parties' written submissions, the Court DENIES the motion.

BACKGROUND

Retractable Technologies, Inc. ("Retractable") filed the present action on April 1, 2008 alleging patent infringement and other common law causes of action against...

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