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FREEMAN v. GERBER PRODUCTS CO.

No. 02-2249-JWL.

506 F.Supp.2d 529 (2007)

Mark A. FREEMAN and Timothy K. Stringer, Plaintiffs, v. GERBER PRODUCTS COMPANY, Defendant.

United States District Court, D. Kansas.

March 27, 2007.

Attorney(s) appearing for the Case

Adam P. Seitz, Bart Alan Starr, Basil Trent Webb, Jonathan N. Zerger, Shook, Hardy & Bacon L.L.P., Kansas City, MO, Peter E. Strand, Sarita Pendurthi, Shook, Hardy & Bacon, L.L.P., Washington, DC, for Plaintiffs.

Laurence R. Tucker, Armstrong Teasdale LLP, Kansas City, MO, Matthew G. Reeves, Michael O. Sutton, Nathan Cochran Dunn, Locke, Liddell & Sapp LLP, Houston, TX, for Defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiffs Mark A. Freeman and Timothy K. Stringer own United States Patent No. 5,186,347 (the '347 patent), which is a patent for a spill-proof closure used in dispensing liquid beverages. They claim that sippy cups sold by the defendant Gerber Products Company infringe certain claims of the '347 patent. Gerber, in turn, claims that the '347 patent is anticipated and/or obvious in view of the prior art. The...

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