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PROCTER & GAMBLE CO. v. PARAGON TRADE BRANDS, INC.

Civil A. No. 94-16 LON.

917 F.Supp. 305 (1995)

The PROCTER & GAMBLE COMPANY, Plaintiff and Counterclaim Defendant, v. PARAGON TRADE BRANDS, INC., Defendant and Counterclaimant.

United States District Court, D. Delaware.

December 28, 1995.

Attorney(s) appearing for the Case

Robert H. Richards, III, of Richards, Layton & Finger, Wilmington, Delaware (John F. Sweeney, of counsel); Richard C. Komson and Seth J. Atlas, of Morgan & Finnegan, New York City, Timothy C. Hester and Salvatore G. Rotella, Jr., of Covington & Burling, Washington, DC; for Procter & Gamble Company.

James M. Mulligan, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Delaware (Stephen B. Judlowe, of counsel); Porter F. Fleming, Michael F. Hurley, of Hopgood, Calimafde, Kalil & Judlowe, New York City, for Paragon Trade Brands, Inc.

LONGOBARDI, Chief Judge.

I.

The Procter & Gamble Company ("P & G") instituted this action on January 24, 1994, alleging that Paragon Trade Brands, Inc. ("Paragon"), infringed certain P & G patents by making, selling and/or using disposable baby diapers having dual leg cuffs. Paragon filed its Answer and Counterclaims on April 20, 1994. Paragon's Second Counterclaim alleged that P & G infringed upon the Pieniak et al. United States Patent...

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