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WYETH, LLC v. INTERVET, INC.

C.A. No. 09-161-LPS.

771 F.Supp.2d 334 (2011)

WYETH, LLC, Plaintiff, v. INTERVET, INC., d/b/a Intervet/Schering-Plough Animal Health, Defendant.

United States District Court, D. Delaware.

March 22, 2011.

Attorney(s) appearing for the Case

Steven J. Balick, Esquire, Tiffany Geyer Lydon, Esquire, and Caroline Hong, Esquire of Ashby & Geddes, P.A., Wilmington, DE, Eric J. Marandett, Esquire, Wendy S. Plotkin, Esquire, and G. Mark Edgarton, Esquire of Choate, Hall & Stewart LLP, Boston, MA, for Plaintiff.

Gregory B. Williams, Esquire of Fox Rothschild LLP, Wilmington, DE, William James, Esquire and Yari Waks, Esquire of Kenyon & Kenyon LLP, Washington, D.C., Michael D. Loughnane, Esquire and Patrice P. Jean, Ph.D., Esquire of Kenyon & Kenyon LLP, New York, NY, for Defendants.

MEMORANDUM OPINION

STARK, District Judge:

Plaintiff, Wyeth, LLC ("Wyeth"), filed this patent infringement action against Defendants, Intervet, Inc. ("Intervet") and Boehxinger Ingelheim Vetmedica Inc. ("Vetmedica"), on March 12, 2009. (D.I. 1) Vetmedica was dismissed on My 13, 2010. (D.I. 125) Wyeth alleges that Intervet infringes seven of its patents related to porcine circovirus vaccines: U.S. Patent No. 6,703,023 (the "'023 patent"),

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