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PLAYTEX PRODUCTS, INC. v. PROCTER & GAMBLE CO.

No. 04-1200.

400 F.3d 901 (2005)

PLAYTEX PRODUCTS, INC., Plaintiff-Appellant, v. PROCTER & GAMBLE COMPANY and Procter & Gamble Distributing Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 7, 2005.

Attorney(s) appearing for the Case

Robert J. Gunther, Jr., Latham & Watkins, LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief was Alexandra A.E. Shapiro. Of counsel on the brief were Matthew B. Lehr, and Allon Stabinsky, of Menlo Park, California.

Charles J. Faruki, Faruki Ireland & Cox P.L.L., of Dayton, Ohio, argued for defendants-appellees. With him on the brief were Thomas R. Kraemer, and Donald E. Burton.

Before LOURIE, GAJARSA, and LINN, Circuit Judges.

GAJARSA, Circuit Judge.

DECISION

Playtex Products, Inc., ("Playtex") appeals from the judgment of the United States District Court for the Southern District of Ohio granting summary judgment to Procter & Gamble Company and Procter & Gamble Distributing Company (collectively, "P & G") on Playtex's claims of infringement of the United States Patent No. 4,536,178 (the " '178 patent"). Playtex Prods., Inc. v. Procter & Gamble Distrib...

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