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16-9179 - Oil-Dri Corporation of America v. Nestle Purina Petcare Company


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16-9179 - Oil-Dri Corporation of America v. Nestle Purina Petcare Company
April 24, 2017
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 4/24/2017. The Court grants Oil-Dri's Motion to Dismiss for Failure to State a Claim 30. Nestle's Counterclaims III-VI are dismissed without prejudice. If Nestle cannot file amended counterclaims with facts that support its allegations on or before 5/22/17, these counterclaims will be dismissed with prejudice. Further, for the above reasons the Court denies Oil-Dri's Motion to Compel and Motion for a Protective Order 39. Mailed notice(lk, )
May 9, 2017
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 5/9/2017. The Court construes Nestle's motions as motions to compel. The Court grants Nestle's Motions to Strike for Oil-Dri's Assertion of Alleged Induced Infringement 55, Attempt to Claim an Earlier Priority Date 60, 70, and Initial and First Revised Infringement Contentions 80, and Oil-Dri has 21 days from the entry of this Order to amend and disclose their Revised Initial Contentions consistent with Order. The Court denies Nestle's Motions to Strike for Oil-Dri's Addition of Alleged Use of Purported Invention 58. Mailed notice(lk, )