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E. I. du PONT de NEMOURS & COMPANY v. CELANESE CORPORATION

No. 68 Civ. 723.

312 F.Supp. 772 (1970)

E. I. du PONT de NEMOURS & COMPANY, Plaintiff, v. CELANESE CORPORATION, a corporation, Columbia Ribbon & Carbon Mfg. Co., Inc., a corporation and Angelo Vaccaro, Defendants.

United States District Court, S. D. New York.

May 5, 1970.

Attorney(s) appearing for the Case

Ward, McElhannon, Brooks & Fitzpatrick, New York City, for plaintiff; by Joseph M. Fitzpatrick, New York City, of counsel.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendants.

OPINION

EDELSTEIN, District Judge.

Plaintiff, E. I. duPont de Nemours & Company (hereinafter duPont), has brought this action pursuant to 35 U.S. C. § 146 (1964)1 to obtain a judicial determination of an issue of priority of invention. The court presently has before it a motion by defendant Celanese Corporation (hereinafter Celanese) asking that duPont be required to post a bond obligating it to indemnify Celanese for...

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