Fourth Circuit Rejects Post-Trial Preclusion Ruling In Paper Towel "Stuffing" Saga

Georgia Pacific Consumer Products, LP v. Von Drehle Corporation

The U.S. Court of Appeals for the Fourth Circuit has now weighed in on the latest turn of events a long-standing dispute between Georgia Pacific Consumer Products and Von Drehle Corp. holding that the district court erred in granting judgment as a matter of law (JMOL) based on Von Drehle's previously rejected claim preclusion and issue preclusion defenses.  Georgia Pacific Consumer Products, LP v. Von Drehle Corporation, Case No. 12-1444 (4th Cir., Mar. 14, 2013) (Keenan, J.). 

Plaintiff Georgia Pacific designs and manufacturers paper products and dispensers.  In 2002, Georgia Pacific introduced its "enMotion" brand automated touchless paper towel dispenser, designed to use GP's proprietary, "fabric-like" paper toweling.  The dispensers bear marks "enMotion," "Georgia-Pacific" and a stylized "GP."  Georgia Pacific leases the enMotion dispensers to distributors who sublease them to end users such