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SOILWORKS, LLC v. MIDWEST INDUS. SUPPLY, INC.

No. CV-06-2141-PHX-DGC.

575 F.Supp.2d 1118 (2008)

SOILWORKS, LLC, an Arizona corporation, Plaintiff/Counterdefendant/Counterclaimant, v. MIDWEST INDUSTRIAL SUPPLY, INC., an Ohio corporation authorized to do business in Arizona, Defendant/Counterclaimant/Counterdefendant.

United States District Court, D. Arizona.

August 7, 2008.

Attorney(s) appearing for the Case

E. Scott Dosek, Philip Ashley Overcash, Kutak Rock LLP, Scottsdale, AZ, John Patrick Passarelli, Kutak Rock LLP, Omaha, NE, for Plaintiff/Counterdefendant/Counterclaimant.

Craig A. Marvinney, Jill Anne Grinham, Brouse McDowell, Cleveland, OH, John M. Skeriotis, Brouse McDowell LPA, Akron, OH, Donald L. Myles, Jr., Jones Skelton & Hochuli PLC, George Chun Chen, Lawrence G.D. Scarborough, Bryan Cave LLP, Phoenix, AZ, for Defendant/Counterclaimant/Counterdefendant.

ORDER

DAVID G. CAMPBELL, District Judge.

Soilworks, LLC and Midwest Industrial Supply, Inc. ("Midwest") are competitors. Both companies distribute soil erosion and dust control products throughout the United States. Soilworks' products include Durasoil and Soiltac. Midwest's products include EK35, EnviroKleen, and Soil-Sement.

In July 2006, Midwest was issued two United States Patents, Nos. 7,074,266 ("`266 Patent") and 7,081,270 ("`270 Patent")...

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