GEORGIA PAC. CONSUMER PRODUCTS v. VON DREHLE CORP.

Nos. 09-1942, 09-2054.

618 F.3d 441 (2010)

GEORGIA PACIFIC CONSUMER PRODUCTS, LP, Plaintiff-Appellant, v. VON DREHLE CORPORATION, a North Carolina corporation, Defendant-Appellee. Georgia Pacific Consumer Products, LP, Plaintiff-Appellee, v. Von Drehle Corporation, a North Carolina Corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 2010.


Attorney(s) appearing for the Case

ARGUED: Stephen Patrick Demm , Hunton & Williams, LLP, Richmond, Virginia, for Appellant/Cross-Appellee. Albert P. Allan , Allan Law Firm, PLLC, Charlotte, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: Thomas G. Slater, Jr. , John Gary Maynard, III , George P. Sibley, III , Hunton & Williams, LLP, Richmond, Virginia; Mark G. Arnold , Husch Blackwell Sanders LLP, St. Louis, Missouri, for Appellant/Cross-Appellee. Stephen L. Curry , North Little Rock, Arkansas; Michael P. Thomas , Patrick Harper & Dixon, LLP, Hickory, North Carolina, for Appellee/Cross-Appellant.

Vacated and remanded in part and affirmed in part by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge KEENAN and Judge WILSON joined. Judge WILSON wrote a separate opinion concurring specially.


OPINION

HAMILTON, Senior Circuit Judge:

Georgia-Pacific Consumer Products, LP (G-P), successor-in-interest to Georgia Pacific Corporation, is a leading designer/manufacturer of, inter alia, paper products and dispensers for such products for the home and the away-from-home setting (e.g., hotels, stadiums, restaurants, etc). This case implicates two related products first introduced by G-P in October 2002— the touchless paper...

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