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NEXMED HOLDINGS, INC. v. BETA TECHNOLOGIES, INC.

Case No. 2:06-CV-1014-TC-DN.

718 F.Supp.2d 1299 (2010)

NEXMED HOLDINGS, INC., Plaintiff, v. BETA TECHNOLOGIES, INC. and Chester Heath, Defendants.

United States District Court, D. Utah, Central Division.

March 17, 2010.

Attorney(s) appearing for the Case

Joseph M. Kuo, Matthew D. Kellam, Talivaldis Cepuritis, Olson & Cepuritis Ltd., Chicago, IL, Wallace T. Boyack, Boyack Ashton LLC, Salt Lake City, UT, for Plaintiff.

Evan A. Schmutz, Hill Johnson & Schmutz LC, Provo, UT, for Defendants.

MEMORANDUM DECISION and ORDER

TENA CAMPBELL, District Judge.

INTRODUCTION

NexMed Holdings, Inc. (NexMed) brought suit against Beta Technologies, Inc. (Beta) and Chester Heath, the president of Beta, claiming that Beta and Mr. Heath are selling two products, the Cold Sore Inhibitor and the Viral Inhibitor Pro (collectively the "Beta Device"), that infringe on U.S. Patent No. 5,133,352 (the '352 patent), owned by NexMed.

Beta and Mr. Heath...

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