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BIOXY, INC. v. BIRKO CORP.

No. 5:95-CV-319-BO(3).

935 F.Supp. 737 (1996)

BIOXY, INC., Plaintiff, Counter-Claim Defendant, v. BIRKO CORPORATION, Rio Linda Chemical Co., Inc., and Albright & Wilson Americas, Inc., Defendants, Counter-Claim Plaintiffs.

United States District Court, E.D. North Carolina, Western Division.

August 20, 1996.

Attorney(s) appearing for the Case

Richard T. Boyette, Cranfill, Sumner & Hartzog, Raleigh, NC, Michael E. Ray, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Plaintiff.

Stephen D. Coggins, Parker, Poe, Adams & Bernstein, Raleigh, NC, for Defendants.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Plaintiff and counterclaim defendant Bioxy, Inc. ("Bioxy") owns United States Patent No. 4,880,638 ("the '638 patent") for a biocidal chemical used in disinfectants. On April 12, 1995, Bioxy filed this complaint, claiming that two cleaning products manufactured and distributed by the defendants, Dioxy-Chlor and Dura Klor, infringe upon the '638 patent. On May 31, 1995, the defendants answered the complaint...

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