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ETHYL CORPORATION v. BORDEN, INC.

Civ. A. No. 3517.

300 F.Supp. 1325 (1969)

ETHYL CORPORATION, Plaintiff, v. BORDEN, INC., Defendant.

United States District Court D. Delaware.

June 26, 1969.

Attorney(s) appearing for the Case

Nathan Bakalar and James M. Mulligan, Jr., Connolly, Bove & Lodge, Wilmington, Del., Donald L. Johnson, John F. Sieberth, and E. Donald Mays, Baton Rouge, La., of counsel, for plaintiff.

Murray M. Schwartz, Longobardi & Schwartz, Wilmington, Del., Ellsworth H. Mosher and Farrell Roy Werbow, Stevens, Davis, Miller & Mosher, Washington, D. C., George P. Maskas, New York City, of counsel, for defendant.

OPINION

CALEB M. WRIGHT, Chief Judge.

This is an action by plaintiff, Ethyl Corporation, against defendant, Borden, Inc., for a declaratory judgment that defendant's United States Patent 3,297,155 is invalid, unenforceable, and not infringed. Defendant denies the essential allegations of plaintiff's complaint and counterclaims charging that two of plaintiff's products infringe the patent. Jurisdiction and venue are based on 28 U.S.C. §§ 1338, 1391...

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