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FLEXIBLE FOAM PRODUCTS, INC. v. VITAFOAM INC.

Case No. 1:12-CV-105-MR-DLH.

980 F.Supp.2d 690 (2013)

FLEXIBLE FOAM PRODUCTS, INC., Plaintiff, v. VITAFOAM INCORPORATED and British Vitafoam Unlimited, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

October 30, 2013.

Attorney(s) appearing for the Case

Bradley Robert Love , Kendall Millard , Michael Rosiello , Barnes & Thornburg, LLP, Indianapolis, IN, Michael Don Mustard , Barnes & Thornburg LLP, Fort Wayne, IN, Frederick S. Barbour , Cloninger, Barbour, Searson & Jones, PLLC, Asheville, NC, for Plaintiff.

A. Ward McKeithen , Everett J. Bowman , Lawrence C. Moore, III , Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, Frederick S. Barbour , Cloninger, Barbour, Searson & Jones, PLLC, Asheville, NC, for Defendants.

MEMORANDUM OPINION AND ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the parties' cross motions for summary judgment. [Docs. 33; 37].

FACTUAL BACKGROUND

Both Plaintiff Flexible Foam Products, Inc., ("FFP") and Defendant Vitafoam Incorporated ("Vitafoam")1 are engaged in the manufacture of polyurethane foam products. [Id. at 1].

On November 28, 2005, Vitafoam...

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