ROCHE DIAGNOSTICS CORPORATION v. HOME DIAGNOSTICS, INC. RELATED CASE: 1:04-CV-358 LJM/VSS
1:2004cv01187 |
July 22, 2004 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Jane Magnus-Stinson |
Larry J. McKinney |
Patent |
35 U.S.C. ยง 271 Patent Infringement |
Plaintiff |
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Document Text |
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Filing 36 MEMORANDUM AND OPINION ON DEFENDANTS' INEQUITABLE CONDUCT COUNTERCLAIM-For the foregoing reasons the Court finds that Defendants, Apex Biotechnology Corp., Hypoguard USA, Inc., Medline Industries, Inc., and Home Diagnostics Corporation, Inc., ha ve met their burden to prove by clear and convincing evidence that the inequitable conduct on the part of Dr. Paul Pottgen in the prosecution of U.S. Patent No. 5,108,564 should render that patent, and its progeny, in particular U.S. Patent No. Re 36,268, unenforceable. Signed by Judge Larry J. McKinney on 06/20/05. (AJN, ) |
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