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GOODRICH-GULF CHEMICALS, INC. v. PHILLIPS PETROLEUM CO.

Civ. A. No. C65-211.

247 F.Supp. 158 (1965)

GOODRICH-GULF CHEMICALS, INC., Plaintiff, v. PHILLIPS PETROLEUM COMPANY, Defendant.

United States District Court N. D. Ohio, E. D.

September 14, 1965.

Attorney(s) appearing for the Case

Harold K. Bell, E. D. McCurdy, Spieth, Bell, Jerome Taylor, Louis J. Weisz, McCurdy & Newell, Cleveland, Ohio, Edgar H. Kent, R. W. Furlong, Boston, Mass., for plaintiff.

Robert W. Poore, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for defendant.

KALBFLEISCH, District Judge.

Plaintiff has brought this action for a declaratory judgment and seeks a declaration that defendant's patent is "invalid and void." Defendant has moved to dismiss the complaint. Both parties have requested an oral hearing on the motion to dismiss, and these requests will be overruled.

The complaint alleges that in 1964 the United States Patent Office declared Interference No. 94,426 between a patent application, Serial No. 503...

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