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PBM PRODUCTS, INC. v. MEAD JOHNSON & CO.

No. 3:01CV199.

174 F.Supp.2d 417 (2001)

PBM PRODUCTS, INC. Plaintiff. v. MEAD JOHNSON & COMPANY Defendant.

United States District Court, E.D. Virginia, Richmond Division.

October 25, 2001.

Attorney(s) appearing for the Case

Paul Geoffrey Gill, Office of the Public Defender, Richmond, VA, Charles Michael Sims, Robert Francis Redmond, Jr., LeClair Ryan, Richmond, VA, David Gregory Greene, Lord, Bissell & Brook, Atlanta, GA, Eric Peter Schoonveld, Terrence Patrick Canade, Lord, Bissell & Brook, Chicago, IL, Corliss Scroggins Lawson, Lord, Bissell & Brook, Atlanta, GA, for PBM Products, Inc.

John Gary Maynard, III, Stephen Patrick Demm, Michael Christian Whitticar, Hunton & Williams, Richmond, VA, John Lyons Marshall, Jr., Betty S.W. Graumlich, McSweeney & Crump, Richmond, VA, Robert Stephen Bennett, Carl Stephen Rauh, Skadden, Arps, Slate, Meagher & Flom, Washington, DC, Constance S. Huttner, Stephanie Joy Kamerow, Kenneth Alan Plevan, Skadden, Arps, Slate, Meagher & Flom, New York, NY, Behnam Dayanim, Paul Hastings Janofsky & Walker, Washington, DC, Patrick Shoulders, Ziemer, Stayman, Weitzel & Shoulders, LLP, Evansville, IN, for Mead Johnson & Company.

Jay Ward Brown, Levine, Pierson Sullivan & Koch, Washington, DC, for New York Times Co.

MEMORANDUM OPINION

SPENCER, District Judge.

THIS MATTER comes before the Court on Defendant Mead Johnson & Company's ("Mead") motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking to dismiss the claim of Plaintiff PBM Products, Inc. ("PBM") for prospective corrective advertising expenditures. For the reasons that follow, Defendant's motion is DENIED.

I.

Mead and PBM are competitors...

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