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CCPI INC. v. AMERICAN PREMIER, INC.

Civil Action No. 96-446 MMS.

967 F.Supp. 813 (1997)

CCPI INC., Plaintiff, v. AMERICAN PREMIER, INC., Defendant.

United States District Court, D. Delaware.

June 11, 1997.

Attorney(s) appearing for the Case

Jeffrey B. Bove, N. Richard Powers, of Connolly, Bove, Lodge & Hutz, Wilmington, DE (David J. Josephic, Theodore R. Remaklus, of Wood, Herron & Evans, L.L.P., Cincinnati, OH, of counsel), for plaintiff.

Jack B. Blumenfeld, Julia Heaney, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE (Steven I, Weisburd, Douglas A. Miro, Daniel N. Calder, of Ostrolenk, Faber, Gerb & Soffen, New York City, of counsel), for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Plaintiff CCPI, Inc. ("CCPI") filed suit against American Premier, Inc. ("API") on September 11, 1996, alleging infringement of its U.S. Patent No. 5,358,551 ("the '551 patent"). API denied infringement in its answer and asserted five affirmative defenses and a counterclaim. On December 30, 1995, the Court entered a Scheduling Order which permitted the parties to file motions...

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