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COSDEN OIL & CHEMICAL CO. v. FOSTER GRANT CO.

Civ. A. No. 76-37.

432 F.Supp. 956 (1977)

COSDEN OIL & CHEMICAL COMPANY, Plaintiff, v. FOSTER GRANT CO., INC., Defendant.

United States District Court, D. Delaware.

May 26, 1977.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., and Douglas E. Whitney, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., William D. Harris, and Roger C. Clapp, of Richards, Harris & Medlock, Dallas, Tex., for plaintiff.

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, Del., Joseph A. DeGrandi, of Beveridge, DeGrandi, Kline & Lunsford, Washington, D. C., for defendant.

STAPLETON, District Judge:

Plaintiff Cosden Oil and Chemical Company (hereinafter "Cosden") has sued defendant Foster Grant Co., Inc. (hereinafter "Foster Grant") pursuant to 28 U.S.C. §§ 2201 and 2202 for a declaration that defendant's United States Patent No. 3,868,434 (hereinafter "'434 patent") entitled "Polymer Composition and Process" is invalid and unenforceable and that plaintiff has not committed acts...

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