DENTSPLY INTERN., INC. v. KERR MFG. CO.

Civ. A. Nos. 89-167-JJF, 89-507-JJF.

734 F.Supp. 656 (1990)

DENTSPLY INTERNATIONAL, INC. and Dentsply Research and Development Corp., Plaintiffs, v. KERR MANUFACTURING COMPANY, Defendant. CENTRIX, INC. and Dr. William B. Dragan, Plaintiffs, v. DENTSPLY INTERNATIONAL, INC., L.D. Caulk Division of Dentsply International, Inc., and Dentsply Research and Development Corp., Defendants.

United States District Court, D. Delaware.

April 3, 1990.


Attorney(s) appearing for the Case

Henry N. Herndon, Jr. of Morris James Hitchens & Williams, Wilmington, Del., Albert W. Preston, Jr. and Dianne B. Elderkin of Woodcock Washburn Kurtz Mackiewicz & Norris, Philadelphia, Pa., and Edward J. Hanson, Jr. of Dentsply Intern., Inc., York, Pa., for Dentsply.

Robert W. Whetzel of Richards Layton & Finger, Wilmington, Del., and William H. Levit, Jr., Michael B. Apfeld and John L. Beard of Godfrey & Kahn, S.C., Milwaukee, Wis., for Kerr Mfg.

Robert Jacobs of Jacobs & Crumplar, P.A., Wilmington, Del., and Arthur T. Fattibene, Southport, Conn., for Centrix and Dr. Dragan.


OPINION

FARNAN, District Judge.

I. FACTS

On April 7, 1989, Dentsply International, Inc. and Dentsply Research & Development Corp. ("Dentsply") filed suit against Sybron Corporation ("Sybron"), seeking relief for alleged trademark and patent infringement by Sybron of some of Dentsply's dental products. (D.I. 1). The Clerk of the Court assigned the case the designation of 89-167 ("89-167" or "Dentsply action"). Dentsply had intended to sue the...

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