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AUSTIN POWDER CO. v. ATLAS POWDER CO.

Civ. A. No. 80-292-WKS.

593 F.Supp. 208 (1984)

AUSTIN POWDER COMPANY, Plaintiff, v. ATLAS POWDER COMPANY, Defendant.

United States District Court, D. Delaware.

August 24, 1984.

Attorney(s) appearing for the Case

Robert K. Beste, Jr., Biggs & Battaglia, Wilmington, Del., Robert V. Vickers, Body, Vickers & Daniels, Daniel R. Cherry, Squire, Sanders & Dempsey, Cleveland, Ohio, for plaintiff.

Douglas E. Whitney, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Garland P. Andrews, Roy W. Hardin, David L. Hitchcock, Richards, Harris & Medlock, Dallas, Tex., for defendant.

OPINION

STAPLETON, Chief Judge.

Four issues remain in this four year old patent case pitting Austin Powder Company ("Austin") against Atlas Powder Company ("Atlas"):1 (1) Are Claims 25 through 27 of the '621 reissue patent unenforceable because of the failure of Austin's counsel to submit to the Patent and Trademark Office ("PTO") certain documents obtained from Atlas during discovery...

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