Resolution Of Laches Defense Is Left For Trial

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W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al.,  C.A. No. 11-515 – LPS, July 27, 2016.

Stark, C. J.  Defendants’ objections to the magistrate’s report and recommendation are overruled.

The magistrate earlier recommended finding that defendants’ motion for summary judgment of laches be denied. He found genuine issues of material fact sufficient to rebut a presumption of laches.  After a de novo review, the court overrules the objections.

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