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CNS denies Acutek patent infringement allegations, counterclaims misrepresentation.

This article was originally published in The Tan Sheet

Executive Summary

ACUTEK CLEAR PASSAGE REISSUE PATENT INVALID, CNS ALLEGES, due to its failure to meet required patentability and reissuance conditions, the Minneapolis, Minn.-based marketer of Breathe Right nasal strips, charges in an answer and counterclaim filed Feb. 10 in Los Angeles federal court. CNS filed the papers in response to a Jan. 6 patent infringement suit brought upon the firm by Inglewood, Calif.-based Acutek ("The Tan Sheet" Jan. 13, p. 5). Acutek filed suit following the Dec. 26 reissuance of its U.S. patent for Clear Passage nasal strips, alleging CNS infringement and requesting enjoinment, treble damages and prejudgment costs and attorneys' fees.
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