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  5. 61 F.Supp.2d 102 (1996)
 

PROCTER & GAMBLE CO. v. PARAGON TRADE BRANDS, INC.

No. CIV. A. 94-16 LON.

61 F.Supp.2d 102 (1996)

THE PROCTER & GAMBLE COMPANY, Plaintiff and Counterclaim Defendant, v. PARAGON TRADE BRANDS, INC., Defendant and Counterclaimant.

United States District Court, D. Delaware.

March 28, 1996.

Attorney(s) appearing for the Case

Robert H. Richards, III, of Richards, Layton & Finger, Wilmington, DE, of counsel: John F. Sweeney, Richard C. Komson and Seth J. Atlas of Morgan & Finnegan, New York, New York, Charles E. Buffon, Timothy C. Hester and Salvatore G. Rotella, Jr., of Covington & Burling, Washington, DC, for The Procter & Gamble Company.

James M. Mulligan, Jr. of Connolly Bove, Lodge & Hutz, Wilmington, DE, of counsel: Stephen B. Judlowe, Dennis J. Mondolino, Porter F. Fleming, Michael F. Hurley, of Hopgood, Calimafde, Kalil & Judlowe, New York City, for Paragon Trade Brands, Inc.

MEMORANDUM OPINION

LONGOBARDI, Chief Judge.

I.

The Procter & Gamble Company ("P & G") has filed suit against Paragon Trade Brands, Inc. ("Paragon"), alleging that Paragon infringes P & G's patent rights to the barrier leg cuff feature on disposable diapers. Paragon has counterclaimed for the alleged infringement of a patent relating to diaper absorbent cores1 and for a

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