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DESTON THERAPEUTICS LLC v. TRIGEN LABORATORIES

Civil No. 09-809 (JBS/KW).

723 F.Supp.2d 665 (2010)

DESTON THERAPEUTICS LLC and Unigen Pharmaceuticals Inc., Plaintiffs, v. TRIGEN LABORATORIES INC. and Irisys Inc., Defendants.

United States District Court, D. Delaware.

July 12, 2010.

Attorney(s) appearing for the Case

Rodger Dallery Smith, II, Esq., Katharyn A. Grant, Esq., Saul H. Perloff, Esq., Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Plaintiffs Deston Therapeutics LLC and Unigen Pharmaceuticals Inc.

John C. Phillips, Jr., Esq., Brian E. Farnan, Esq., Steven M. War, Esq., Phillips, Goldman & Spence, P.A., Wilmington, DE, for Defendants Trigen Laboratories Inc. and Irisys Inc.

OPINION

SIMANDLE, District Judge:1

This matter is before the Court on a motion to dismiss submitted by Defendants Trigen Laboratories Inc. and Irisys Inc. [Docket Item 11].2 Defendants ask the Court to dismiss this patent infringement action brought by Plaintiffs Deston Therapeutics LLC and Unigen Pharmaceuticals Inc., because Plaintiffs' patent claims cannot be construed to include Defendants...

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