PUBLIC VERSION

UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, D.C.

In the Matter of

CERTAIN PURPLE PROTECTIVE GLOVES

Inv. No. 337-TA-500

ORDER NO. 15: INITIAL DETERMINATION GRANTING JOINT MOTION TO TERMINATE INVESTIGATION AS TO MEDTEXX PARTNERS AND LATEXX

PARTNERS BERHAD BASED ON A SETTLEMENT AGREEMENT

(May 24,2004)

On April 28, 2004, COMPLAINANTS, Kimberly-Clark Corporation and

Safeskin Corporation (collectively “K-C/Safeskin”), and RESPONDENTS, Medtexx Partners

and Latexx Partners Berhad (collectively “the Medtexx Parties”), jointly moved [SOO-0 121

pursuant to 19 C.F.R. $0 210.21(a)(2) and (b) to terminate this investigation by reason of a

confidential settlement agreement (“Settlement Agreement”). K-C/Safeskin supplemented

the joint motion on April 30, 2004 by submitting a confidential version of the Settlement

Agreement. On May 1 1,2004, COMMISSION INVESTIGATIVE STAFF (“Staff’) moved

[500-0141 for leave, hereby granted, to file its response one day out oftime. In its response,

Staff states that it supports the joint motion.

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As set forth in 19 C.F.R. 8 210.21(a)(2), “[alnyparty may move at any time for

an order to terminate an investigation in whole or in part as to any or all respondents on the

basis of a settlement, a licensing or other agreement . . . .” 19 C.F.R. 5 2 10.2 1 (a)(2); see also

Certain Organizer Racks And Products Containing Same, Inv. No. 337-TA-466, Order No.

7 at 2,2002 WL 389147 (U.S.I.T.C., February 19,2001) (“Organizer Racks”). In the instant

investigation, the joint motion to terminate is based on a confidential settlement agreement

between K-C/Safeskin and the Medtexx Parties.

In accordance with the provisions of 19 C.F.R. 8 2 10.2 1 (b), K-C/Safeskin and

the Medtexx Parties filed confidential (Appendix A) and public (Appendix B) versions of the

Settlement Agreement. Furthermore, the joint motion indicates that there are no other

agreements, written or oral, express or implied, between K-C/Safeskin and the Medtexx

Parties concerning the subject matter of this investigation. See Joint Motion at 1.

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As set forth in 19 C.F.R. 8 210.50(b)(2), where there is aproposed termination

by settlement agreement, the parties may file statements regarding the impact of the proposed

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termination on the public interest, and the Administrative Law Judge may hear argument,

although no discovery may be compelled, with respect to issues relating solely to the public

interest. 19 C.F.R. 5 210.50(b)(2); see Organizer Racks at 3. In any initial determination

terminating an investigation by settlement agreement, the undersigned is directed to consider

and make appropriate findings regarding the effect of the proposed settlement on the public

health and welfare, competitive conditions in the United States, and United States consumers.

19 C.F.R. 5 210.50(b)(2).

In their joint motion, K-C/Safeskin and the Medtexx Parties assert that the

“termination of this Investigation as to the Medtexx Respondents is in the interest of the

public and administrative economy.” Joint Motion at 2.

Staff supports the joint motion to terminate. In its pleading, Staff states that

the “motion appears to comply with the Commission rules regarding termination based on

settlement agreements.” Staff Response at 1. Moreover, Staff asserts that it “is not aware

of any evidence that termination of this investigation as to the Medtexx Parties on the basis

of the Agreement . . . would be contrary to the public health and welfare, competitive

conditions in the United States, or U.S. consumers.” StaffResponse at 4. Finally, Staff notes

that the public interest favors private settlement of disputes in order to avoid needless

litigation and to conserve public resources. Td.

Based on the pleadings filed in connection with the joint motion to terminate

the investigation as to the Medtexx Parties, the undersigned finds that there is no indication

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that termination of this investigation as to the Medtexx Parties, based on the Settlement

Agreement, would adversely impact the public interest. The termination of investigations

in connection with settlement agreements, such as that proposed in the instant joint motion,

is generally in the public interest. Having carehlly considered the pleadings of the parties,

the undersigned concludes that no party has provided “extraordinary circumstances” that

would advise against terminating the investigation as to the Medtexx Parties.

Accordingly, the joint motion to terminate this investigation submitted by K-

C/Safeskin and the Medtexx Parties is GRANTED.

Pursuant to Commission Rule 2 10.2 1 (b)(2), with this Initial Determination,

confidential and public versions of the joint motion and Settlement Agreement, which are

attached hereto in Appendices A and B, are hereby CERTIFIED to the Commission.

Pursuant to 19 C.F.R. 6 210.42(h), this Initial Determination shall become the

determination of the Commission unless a party files a petition for review of the Initial

Determination pursuant to 19 C.F.R. 6 210.43(a), or the Commission, pursuant to 19 C.F.R.

5 2 10.44, orders, on its own motion, a review of the Initial Determination or certain issues

herein.

Within seven days of the date of this document, each party shall submit to the

Administrative Law Judge a statement as to whether or not it seeks to have any portion of

this document deleted from the public version to be issued shortly thereafter. The parties’

submissions may be made by facsimile and/or hard copy by the aforementioned date. Any

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party seeking to have any portion of this document deleted from the public version thereof

must submit to this office a copy of this document with red brackets indicating any portion

asserted to contain confidential business information. The parties’ submissions concerning

the public version of this document need not be filed with the Commission Secretary.

SO ORDERED

De ertR.Terri1, r. Administrative Law Judge

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CERTAIN PURPLE PROTECTIVE GLOVES INV. NO. 337-TA-500

CERTIFICATE OF SERVICE

I, Marilyn R. Abbott, hereby certiQ that the attached ORDER was served upon, Thomas S. Fusco, Esq., Commission Investigative Attorney, and the following parties via first class mail and air mail where necessary on June io ,2004.

Marily Abbott, Secretary U.S. InMational Trade Commission 500 E Street, S.W., Room 112A Washington, D.C. 20436

FOR COMPLAINANTS KIMBERLY-CLARK CORP. AND SAFESKIN COW. :

Raymond A. Kurz, Esq. Lewis E. Leibowitz, Esq. Celine J. Crowson, Esq. HOGAN & HARTSON L.L.P. Columbia Square 555 Thirteenth Street, N.W. Washington, D.C. 2004-1 109

FOR RESPONDENTS THE DELTA GROUP, DELTA HOSPITAL SUPPLY, INC., DELTA MEDICAL SUPPLY GROUP, INC. AND DELTA MEDICAL SYSTEMS, INC.:

Munford Page Hall, 11, Esq. Kevin B. Bedell, Esq. Victor S. Mroczka, Esq. DORSEY & WHITNEY LLP 100 1 Pennsylvania Ave., NW Suite 400 South Washington, D.C. 20004

CERTAIN PURPLE PROTECTIVE GLOVES INV. NO. 337-TA-500

Peter Nils Baylor, Esq. Thomas W. Aylesworth, Esq. Erik P. Bartenhagen, Esq. NUTTER, MCCLENNEN & FISH LLP World Trade Center West 155 Seaport Blvd. Boston, MA 022 10-2604

FOR RESPONDENTS MEDTEXX PARTNERS AND LATEXX PARTNERS BERHAD:

V. James Adduci, 11, Esq. Louis S. Mastriani, Esq. Barbara A. Murphy, Esq. Rodney R. Sweetland, 111, Esq. ADDUCI, MASTRIANI & SCHAUMBERG, LLP 1200 Seventeenth Street, N.W. Fifth Floor Washington, D.C. 20036

Leonard D. DuBoff, Esq. James C. Loy, Esq. THE DUBOFF LAW GROUP, LLC 6665 S.W. Hampton Street Suite 200 Portland, Oregon 97223

FOR RESPONDENT DASH MEDICAL GLOVES, INC. :

Eric C. Cohen, Esq. Kara E. F. Cenar, Esq. WELSH & KATZ, LTD. 120 South Riverside Plaza - 22"d Floor Chicago, Illinois 60606

CERTAIN PURPLE PROTECTIVE GLOVES

PUBLIC MAILING LIST

Sherry Robinson

8891 Gander Creek Drive Miamisburg, OH 45342

LEXIS - NEXIS

Ronnita Green West Group Suite 230 901 Fifteenth Street, N.W. Washington, D.C. 20005

INV. NO. 337-TA-500

APPENDIX B

PUBLIC VERSION

PUBLIC VERSION

SETTLERJENT AGREEMENT

This Settlement Agreement (“Agreement”) is made and entered into by and among

- Ecsp~n3c;.,:s Medtex?; and Latexx (all as defined below in Sectian 1 3nd cc?!lec!i~e!y refer56 !e

herein as “Medtexx Panies”), on the one hand, and K-C and Safeskin (as each are defined below

jn Section I and collectively referred to herein as “K-C/Safeskin”) on the other hand.

WHEREAS, there is currently pending in the United States District Courl for the

Nonhem District of Georgia (“Coud’) a lawsuit between K-C/Safeskin and the Medtexx Parries,

as well as other third parties, that involves certain claims of infringement and dilution of U.S.

Trademark Registration No. 2,596,539 for the COLOR PURPLE and related word mark

registrarions, inrer alia, and is captioned as follows: Kimberlji-Clark Corporation and Safeskin

Corporalion 1,. The Della Group, Delia Nospiral Supply, Jnc., Delia Medical Sysrems, Inc., Delta

Medical Supply Group, Inc., Medrexx Parrners and Dash Medical Supply, Inc., Civil Action No.

I :03-CV-3290 (the “Trademark Litigation”); and

WHEREAS, there is currently pending before the lntemational Trade Commission

(“ITC“) a Section 337 Investigation that involves certain claims of inhngement of U.S.

Trademark Registration No. 2,596,539 for the COLOR PURPLE and related word mark

registrations, inter alia, and is captioned as follows: In re Certain Purple Protecrive Gloves,

lnvestigation No. 337-TA-500 (the “ITC Investigation”); and

WHEREAS, the parties wish to enter into a worldwide settlement agreement to resolve

the above actions regarding the COLOR PURPLE and/or related word marks; and

W H E E A S : the parties have consulted with their respective counsel and desire to resolve

the Trademark Litigation and the ITC lnvestigation without further litigation or proceedings on

the terms set forth below.

PUBLIC VERSION

NOW THEREFORE, in consideration of the foregoing recjtals, which are hereby .

incorporated as part of this Agreement, and the terms hereinafter set forth, as well as other good

and valuable consideration the receipt of which each party separately acknowledges, the

Medtexx Parties and K-C/Safeskin agee as follows:

1. pefinirions.

a. “K-C” as used herein means the Kimberly-Clark Corporation, a corporation orzanized and existing under the laws of the state of Delaware having a place of business at 1400 Holcomb Bridge Road, Roswell, Georgia 30076.

b. “Safeskin” means the Safeskin Corporation, a corporation organized and existing under the laws of the state of Florida a d having a place of business at 1400 Holcomb Bridge Road, Roswell, Georgia.

C.

d.

e.

f.

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“Medtexx” means Medtexx Partners, a Florida corporation, with a principal place o f business at 21 6 Charles Street, Hackensack, New Jersey 07601.

“Latexx” means Latexx Partners Berhad, a public limited liability company of Malaysia, with a principal place o f business at PT5054, Jalan Perusahaan 3,. Kamunting lndusvial Estate, Kamunting, Taiping, Perak 34600, West M alaysja.

A corporate entity shall be regarded as “controlling,” “controlled by” or “under the control of’ a corporation or non-corporation if the corporation or non-corporation owns or directly or indirectly controls at least fifiy percent (50%) of the voting stock of the corporate entity or, in the absence of the ownership of at least fifiy percent (SOYO) o f the voting stock of the corporate entity, has the power to direct or cause the direction of the management and policies of such corporate entity, as applicable. For the purposes of this Agreement, a non-corporate entity shall be regarded as being under the control of a corporation or non-corporation if the corporation or non-corporation has the power to direct or cause the direction of the management and policies of the non-corporate entity.

“COLOR PURPLE” shall mean the trademark for the COLOR PURPLE that is the subject o f U.S. Trademark Registration No. 2,596,339 and/or which K- C/Safeskin has federal, state, common law trademark and/or other similar rights.

“Purple Trademarks” shall mean K-C/Safeskin’s federal, state, common law trademark and other similar rights in the color purple and word marks which contain the term “purple,” including, but not limited to, those marks which are the subject o f United States Trademark Registration No. 2,596,539, Unhed

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PUBLIC VERSION

States Registration No. 2,470,932, United States Registration No. 2,533,260 and United States Resistration No. 2,593,382.

h. “Purple Gloves” shall mean protective gloves that feature the COLOR PURPLE or any other color confbsingly similar to the COLOR PURPLE, includmg, without limitation, the MedTexx Gioves.

i. “Medtexx Gloves” shall mean the protective gloves attached as Exhibits A and B.

[REDACTED]

m. The term “Governmental Authority” shall mean any domestic or foreip government, whether federal, provincial, state, temtonal or municipal; and any ~ o v e m e n t a l agency, ministry, department, tribunal, commission: bureau, board or other instrumentality exercising or purponing to exercise legislative, judicial, regulatory or administrative functions of, or pertaining to: govern en t .

2 . Representations and Warranties.

a. The Mediexx Panies and K-C/Safeskin each represent and warrant to each

other that:

i. It has the legal capacity and authority to compromise and release all claims that have been or could have been raised or asserted by it with regard lo the Trademark Litigation and the ITC Investigation;

ii. It has the legal capacity and authority to enter into and perform all of the terms o f this Ageement that bind it, which constitute the voluntary, legal, valid and binding obligations o f said party;

There has not been an assignment or transfer by operation of law or otherwise of any claim or part thereof that it has or may have had against any other party with regard to the Trademark Litisation or the ITC Investigation;

It has read this Agreement, understands this Agreement, and intends to be legally bound by this Agreement; and

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iv.

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PUBLIC VERSION

v. Its signatory has the legal capacity and authority to execute and deliver this Agreement on its behalf and bind it.

FEDACTED]

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BEDACTED1

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[REDACTED]

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PUBLIC VERSION

BEDACTED1

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PEDACTED]

PUBLIC VERSION

@EDACTED1

b. Within ten (1 0) days of the Effective Date: the parties will move for the

dismissal ofthe Trademark Litigation with respect to Medtexx by filing with the Court the

“Stipulation For Dismissal With Prejudice,” in the form as attached as Exhibit D.

c. Within five (5) days of the Effective Date, the Farties shall request

termination ofthe ITC Investigation with respect to Medtexx and Latexx by filing With the ITC

the “Joint Motion to Terminate lnvesticgation as to Respondents Medtexx Partners and Latexx

Partners Berhad Based Upon Settlement Agreement,” in the form as attached as Exhibit E.

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PUBLIC VERSION

d. Each party shall bear its own attorney’s fees and expenses in connection

with the Trademark Litigation and the ITC Investigation.

9. Con fidentiaiiq.

a. The panies argree that all terms o f this Agreement shall remain

confidential except as specified herein. Notwithstanding any other term of this Agreement, each

party may: (i) acknowledge that the disputes relating to the subject matter of this A g e e r n a t

have been resolved; (ij) djsclose any information which is otherwise public; (iii) disclose any

term and/or condition of this Agreement as it in good faith believes is required by any law or

regulation of any Governmental Authority, including, without limitation, securities laws.

b. 1f a party is required to disclose any confidential information o f the other

party as described in Section 9(a)(iii), the required disclosing party shall promptly provide the

other party with written notice of the required disclosure and reasonably assist the other pany in

its attempts to obtain confidential treatment of such information.

BEDACTED1

FEDACTED] PUBLIC VERSION

1 1. Bindir7.e Effecr. This Agreement shall become effective as of the Effective Date.

This Agreement shall be binding on and inure to the benefit o f the panics, including all parents,

subsidiaries, employees, officers, directors and other entities that control, are controlled by or

under the control of a party and any of the foregoing's respective heirs, personal representatives,

Successors and permitted assigns and all those acting in concert with any o f the foregoing.

' 12. Anrendmenrs. This Agreement may be amended only by a written instrument,

signed by all of the parties hereto.

13. Eirrire Amreemenr. This Agreement (including all exhibits) constitutes the entire

agreement - between the panies regarding the Trademark Litigation and the ITC Investigation and

supersedes all pnor and contemporaneous agreements, representations, warranties, statements,

promises, and understandings, whether oral or wrjtten regarding such matters. None of the

panjes hereto shall be bound by 6r charged with any oral or written agreements, representations,

wamantjes, statements, promises or understandings with respect 10 the subject matter hereof, not

specifically sei forth or referred to in this Settlement Agreement.

14. Sei~erubilitl~. K-C/Safeskin and the Medtexx Panies all agree that i f any provision

ofthjs Agreement or application thereof is held to be void or voidable, illegal, unenforceable or

jnvaljd, that, in the absence of total failure of consideration, the remaining provisions or

applications of this Agreement shall remain in force and unaffected. I f any provision is held to

be void or voidable, illegal, unenforce.able or invalid, by any court, administrative agency,

arbitrator or mediatory, the parties agree to negotiate in good faith to amend such provision to

PUBLIC VERSION

conform as nearly as possible, in accordance with applicable law, to the intended purpose ‘and

intent of the original provision.

. 15. -s. The use nf headinus in this Aceement is merely for convenience and

shall have no l e p l effect: and such headings shall not be referred to in construing any provisions

of this Agreement.

16. Separare Execurion. This Agreement may be signed by each party separately, in

which case attachment o f all of the panies’ signature pages to this Agreement shall constitute a

fully-executed agreement. Facsimile signatures on such counterparts shall be sufficient to bind

the panies. The parties will follow with originals of the completed signed Ageement.

17. Nurices. All norices or other communications required or pennitled to be given

hereunder shall be in writing and shall be properly given when sent by Federal Express or

equivalenl camer, overnjght delivery, postage prepaid, IO the followin_e addresses or to such

other address given lo the other parties, in writing, by proper notice hereunder. The date of

properly given notice shall be the earlier o f five (5) days after the notice is mailed or upon actual

receipt thereof which ever is earlier:

I f to K-USafeskin:

Attention: Senior Trademark Counsel Kimberly-Clark Corporation 401 North Lake Street P.O. Box 349 Neenah, W1 54957

With a copy to: Raymond A. K u n , Esq. Hogan & Hartson LLP 555 Thirteenth Street, NW Washington, D.C. 20004

I f to the Medtexx Parties:

At tent ion :

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PUBLIC VERSION

With a copy to: Leonard D. DuBoff, Esq. James C. Loy, Esq. THE DUBOFF LAW GROUP, LLC 6665 S.W. Hampton Street, Suite 200 Portland, Oregon 97223

18. Waiver. No delay OJ failure on the part o f either party hereto in exercising any

right, power or privilege under this Agreement shall impair any such nght, power or privilege or

be construed as a waiver or any acquiescence thereto; nor shall any single or partial exercise of

any n,aht, power, or privilege preclude any other OJ further exercise thereof or the exercise of any

other right, power, or privilege. N o waiver shall be valid against any party, unless made in

writing c and s iped by the party against whom enforcement of such waiver is sought, and then

only to the extent expressly specified therein.

BED ACTED]

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PUBLIC VERSION

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement.on the

dates identified below.

MEDTEXX PARTNERS KrMBERLY -CLARK CORPOlRATlON

By: By:

‘Title: Title:

Date: Date:

LATEXX PARTNERS BERHAD s m s m CORPORATIO’E\1

By: By:

Title: Title:

Date: Date:

EXHIBIT A

PEDACTED)

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EXHIBIT B

[REDACTED]

16

...

EXMHBIT c

PED ACTED]

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

KIMBERLY-CLARK CORPORATION, SAFESKIN CORPORATION,

Plaintiffs,

V.

THE DELTA GROUP, DELTA HOSPITAL SUPPLY, MC., DELTA MEDICAL SYSTEMS, INC., DELTA MEDICAL SUPPLY GROUP, MC., MEDTEXX PARTNERS, AND DASH MEDICAL GLOVES, INC.,

Defendants,

1 1 1 1 1 1

1 1 1 1 1 1 1 1 1 ) 1

) CIVIL ACTION No.: 1 1 :03-CV-3290

STIPULATION FOR DISMISSAL WITH PREJUDICE

Pursuant to Rule 4l(a)(l)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Kimberly-

Clark Corporation and Safeskin Corporation and Defendant Medtexx Partners and its related

entity Latexx Partners Berhad hereby stipulate and agree that the captioned proceeding be

dismissed with prejudice as to Defendant Medtexx Partners and its related entity Latexx Partners

Berhad, with each party to bear such party’s own costs and legal fees.

IT IS SO STIPULATED.

Dated: ,2004

Dated: ,2004

Dated: ,2004

KIMBEKY-CLARK CORPORATION

BY

Its

SAFESKIN CORPORATION

BY

Its

MEDTEXX PARTNERS

BY

Its

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APPROVED AS TO FORM:

Dated: ,2004

Dated: ,2004

HAWKINS & PARNELL, LLP

BY FRANK C. BEDINGER, 111 Georgia Bar No. 046675 Attorneys for Plaintiffs Kimberly-Clark Corporation Safeskin Corporation

WEISSMAN, NOWACK, CURRY & WILCO, P.C.

BY TODD E.HATCHER Georgia Bar No. 337507 Attorneys for Defendants Medtexx Partners

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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

KIMBERLY-CLARK CORPORATION, 1 SAFESKIN CORPORATION, . )

) Plaintiffs,

V.

THE DELTA GROUP, DELTA HOSPITAL SUPPLY, INC., DELTA MEDICAL SYSTEMS, INC., DELTA MEDICAL SUPPLY GROUP, INC., MEDTEXX PARTNERS, AND DASH MEDICAL GLOVES, INC.,

Defendants,

) CIVIL ACTION No. : ) 1 :03-CV-3290

1

1

1

) 1 1 1

JPROPOSED] ORDER DISMISSING COMPLAINT WITH PREJUDICE

The Court, pursuant to the stipulation of the parties, hereby ORDERS that the Complaint

filed by Plaintiffs Kimberly-Clark Corporation and Safeskin Corporation is hereby DISMISSED

WITH PREJUDICE as to Defendant Medtexx Partners and its related entity Latexx Partners

Berhad.

Each party shall bear its own fees and costs.

1T IS SO ORDERED.

Dated: ,2004 U.S. District Court Judge

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UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C.

In the Matter of

CERTAIN PURPLE PROTECTIVE GLOVES

Before the Honorable Delbert R Terrill, Jr.

Investigation No. 337-TA-500

JOINT MOTION TO TERMINATE INVESTIGATION AS TO RESPONDENTS MEDTEXX PARTNERS AND LATEXX PARTNERS BERHAD

BASED UPON SETTLEMENT AGREEMENT

Pursuant to Commission Rule o f Practice and Procedure 210.21@) atid (c) (19

C.F.R. 0 0 210.2l(b) and (c)), Complainants Kimberly-Clark Corporation and Safeskin

Corporation (collectively, “Complainants”) and Respondents Medtexx Partners and Latexx

Partners Berhad (collectively, “Medtexx Respondents”) hereby jointly move to terminate this

Investigation as to the Medtexx Respondents based upon the Confidential Settlement Agreement

entered into among Complainants and Medtexx and Latexx Respondents (the “Agreement”).

The Agreement includes Confidential Business Information within the meaning o f

19 C.F.R. 9 201.6. The parties, therefore, request that the Agreement (attached as Confidential

Exhibit A) be treated as Confidential Business Infomation under the Protective Order in this

Investigation. There are no other agreements, written or oral, express or implied, between

Complainants and the Medtexx Respondents concerning the subject matter o f this Investigation.

The parties submit that termination of the Investigation as to the Medtexx

Respondents will simplify and streamline the factual issues in this Investigation without causing

any prejudice to the remaining Respondents. Further, termination of this Investigation as to the

Medtexx Respondents is in the interest of the public and administrative economy. Complainants

have consulted with the Commission Investigative Attorney regarding this Motion. The

Commission Investigative Attorney is going to state the final position of the Office of Unfair

Import Investigations in its response to the subject motion.

Accordingly, Complainants and the Medtexx Respondents respectfully request

that the Administrative Law Judge issue an initial determination terminating this Investigation as

to the Medtexx Respondents on the basis of the Confidential Settlement Agreement.

2

Respecthlly submitted,

Raymond A. Kurz Lewis E. Leibowitz Celine J. Crowson HOGAN & HARTSON L.L.P. Columbia Square 555 Thirteenth Street, N.W. Washington, D.C. 20004-1 109 Telephone: 202-637-5600

Counsel for complainants

SAFESKIN CORPORATION KIMBERLY-CLARK CORPORATION

V. James Adduci, II, Esq. Louis S. Mastriani, Esq. Barbara A. Murphy, Esq. Rodney R. Sweetland, Esq. ADDUCI, MASTRlANI & SCHAUMBERG, LLP 1200 Seventeenth Street, N.W. Fifth Floor Washington, DC 20036 Tel: 202-467-6300 Fax: 202-466-2006

Leonard D. DuBoff, Esq. James C. Loy, Esq. THE DUBOFF LAW GROUP, LLC 6665 S.W. Hampton Street Suite 200 Portland, Oregon 97223 Tel: 503-968-81 1 1

Counsel for Respondents MEDEXX PARTNERS and LATEXX PARTNERS BERKAD

Dated: ,2004

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