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TYCO HEALTHCARE RETAIL SERVICES v. KIMBERLY-CLARK

No. CIV.A. 06-3762.

480 F.Supp.2d 810 (2007)

TYCO HEALTHCARE RETAIL SERVICES AG, Plaintiff, v. KIMBERLY-CLARK CORP., et al., Defendants.

United States District Court, E.D. Pennsylvania.

March 29, 2007.

Attorney(s) appearing for the Case

Mark T. Banner, Marc S. Cooperman, Janice V. Mitrius and Michael Harris, all of Banner & Witcoff Ltd, for Kimberly-Clark Corp.

ORDER

McLAUGHLIN, District Judge

AND NOW, this 29th day of March, 2007, upon consideration of the plaintiffs motion to dismiss the defendants' counterclaim and affirmative defense of inequitable conduct (Docket No. 42), the defendants' opposition, and the plaintiffs reply, IT IS HEREBY ORDERED that the motion is DENIED.

The plaintiff has sued the defendants for patent infringement. The defendants' fifth affirmative defense and third counterclaim...

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