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POLY-AMERICA, LP. v. API INDUSTRIES, INC.

Civ. No. 13-693-SLR.

74 F.Supp.3d 684 (2014)

POLY-AMERICA, LP., Plaintiff, v. API INDUSTRIES, INC., Defendant.

United States District Court, D. Delaware.

Signed November 25, 2014.

Attorney(s) appearing for the Case

Brian Farnan, Esquire of Farnan, LLP, Wilmington, Delaware. Counsel for Plaintiffs. Of Counsel: Erica W. Harris, Esquire and LeElle Krompass, Esquire of Susman Godfrey LLP.

Jack B. Blumenfeld, Esquire and Michael J. Flynn, Esquire of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware. Counsel for Defendants. Of Counsel: William Thomashower, Esquire and Carla Sereny, Esquire of Schwartz & Thomashower.

MEMORANDUM OPINION

I. INTRODUCTION

On April 17, 2013, plaintiff Poly-America, L.P. ("Poly") instituted suit against defendant API Industries, Inc. ("API"), asserting infringement of U.S. Patent No. D569,719 S ("the '719 patent"). The '719 patent, titled "Product Container," issued May 27, 2008. The '719...

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