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FAIL-SAFE LLC v. A.O. SMITH CORP.

Case No. 08-CV-310.

744 F.Supp.2d 831 (2010)

FAIL-SAFE LLC, Plaintiff, v. A.O. SMITH CORPORATION, Defendant.

United States District Court, E.D. Wisconsin.

September 3, 2010.

Attorney(s) appearing for the Case

George Stephen Long , Nicole A. Westbrook , Reid A. Page , Cash K. Parker , Gretchen E. Lipman , Polsinelli Shughart, P.C., Denver, CO, John R. Schreiber , Patrick G. McBride , Gregory W. Lyons , O'Neil Cannon Hollman DeJong & Laing SC, Milwaukee, WI, for Plaintiff.

J. Donald Best , Michael Best & Friedrich LLP, Madison, WI, Melanie J. Reichenberger , Richard H. Marschall , S. Edward Sarskas , Michael Best & Friedrich LLP, Milwaukee, WI, for Defendant.

ORDER

J.P. STADTMUELLER, District Judge.

Litigation is often the story of regret, and the underlying facts in this case present the quintessential example of such a tale. Undoubtedly, the defendant, A.O. Smith Corporation ("AOS"), wishes it had never contacted the plaintiff, Fail-Safe LLC ("FS"), in 2002 regarding the safety device that FS had developed for use in swimming pools. Similarly, the plaintiff likely laments the fact that it never entered into...

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