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BRAND PLASTICS COMPANY v. DOW CHEMICAL COMPANY

Civ. No. 65-1725-WPG.

267 F.Supp. 1010 (1967)

BRAND PLASTICS COMPANY, Plaintiff, v. The DOW CHEMICAL COMPANY, Defendant.

United States District Court C. D. California.

May 17, 1967.

Attorney(s) appearing for the Case

Lyon & Lyon, by Leonard S. Lyon, Jr., Roland N. Smoot and James W. Geriak, Los Angeles, Cal., Grant A. Brown, Arthur G. Gilkes, Chicago, Ill., for plaintiff.

Wood, Herron & Evans, by Edward B. Evans and Richard H. Evans, Cincinnati, Ohio, N. Jerome Rudy and W. D. Miller, Midland, Mich., Fulwider, Patton, Rieber, Lee & Utecht, by Robert W. Fulwider and William K. Rieber, Los Angeles, Cal., for defendant.

WILLIAM P. GRAY, District Judge.

The plaintiff in this action (Brand) seeks a declaratory judgment that patent No. 2,694,692, owned by the defendant (Dow), is invalid and that it has not been infringed by Brand. The patent involves a method whereby rubber and styrene are polymerized in the formation of a plastic material known as impact polystyrene. Dow has moved to strike from the complaint the allegation denying the validity of the patent, which motion has been...

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