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LUKA v. PROCTER AND GAMBLE CO.

Case No. 10 C 2511.

785 F.Supp.2d 712 (2011)

Paul LUKA, Plaintiff, v. The PROCTER AND GAMBLE CO., Innovative Brands, LLC, Idelle Labs, Ltd., and Helen of Troy, Ltd., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 28, 2011.

Attorney(s) appearing for the Case

Jeffrey Mark Friedman , Law Office of Jeffrey Friedman, PC, Chicago, IL, for Plaintiff.

Jason C. White , Scott D. Sherwin , Morgan Lewis & Bockius LLP, Thomas Mark Williams , Howrey LLP, David C. Blickenstaff , John A. Bannon , Schiff Hardin LLP, Matthew T. Walsh , Cozen O'Connor , Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

Paul Luka has sued Procter and Gamble Co. (P & G), Innovative Brands, LLC (Innovative), Idelle Labs, Ltd. (Idelle), and Helen of Troy, Ltd. pursuant to the patent false marking statute, 35 U.S.C. § 292. He alleges that the defendants caused a product called Sure Max antiperspirant to be marked with the numbers of two expired U.S. patents. Each of the defendants has moved to...

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