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PROCTER & GAMBLE CO. v. KRAFT FOODS GLOBAL, INC.

No. 2008-1105.

549 F.3d 842 (2008)

The PROCTER & GAMBLE COMPANY, Plaintiff-Appellant, v. KRAFT FOODS GLOBAL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 5, 2008.

Attorney(s) appearing for the Case

William C. Rooklidge, Howrey LLP, of Irvine, CA, argued for plaintiff-appellant. With him on the brief was Henry A. Petri, Jr., of Houston, TX.

Claude M. Stern, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of Redwood Shores, CA, argued for defendant-appellee. With him on the brief was Evette D. Pennypacker.

Before BRYSON, GAJARSA, and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

Although this is a patent infringement case, this appeal turns on a procedural issue regarding the issuance of a stay and the denial of a preliminary injunction. The Procter & Gamble Company ("P & G") appeals from the trial court's interlocutory order granting Kraft Foods Global, Inc.'s ("Kraft's") motion for a stay pending inter partes reexamination before the United States Patent and Trademark Office ("PTO") of P & G's U.S. Patent...

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