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UNION CARBIDE CORP. v. DOW CHEMICAL CO.

Civ. A. No. 83-208 MMS.

619 F.Supp. 1036 (1985)

UNION CARBIDE CORPORATION, Plaintiff, v. The DOW CHEMICAL COMPANY, Defendant.

United States District Court, D. Delaware.

Reargument Denied September 26, 1985.

Attorney(s) appearing for the Case

E. Norman Veasey, Richards, Layton & Finger, Wilmington, Del., Paul W. Leuzzi, III, Stamford, Conn., for plaintiff; C. Frederick Leydig, Gordon R. Coons, and Bruce M. Gagala, Leydig, Voit, Osann, Mayer & Holt, Ltd., Chicago, Ill., of counsel.

Douglas E. Whitney, and Mary B. Graham, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant; Neal A. Waldrop, Neal A. Waldrop & Associates, P.C., Troy, Mich., of counsel.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

On April 15, 1983, Union Carbide Corporation ("Carbide") filed this action charging the Dow Chemical Company ("Dow") with infringement of U.S. Reissue Letters Patent No. Re. 28,715 and No. Re. 29,118, both relating to the production of elastic polyurethane products. In its amended answer and counterclaim, Dow has denied infringement of the patents and has challenged their validity on several grounds, including fraud...

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