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W.R. GRACE & CO.-CONN. v. INTERCAT, INC.

Civil Action No. 93-522 LON.

7 F.Supp.2d 425 (1997)

W.R. GRACE & CO.-CONN., Plaintiff, v. INTERCAT, INC. and Conoco, Inc., Defendants.

United States District Court, D. Delaware.

September 8, 1997.

Attorney(s) appearing for the Case

Robert H. Richards, III, of Richards, Layton, & Finger; Wilmington, DE, of counsel, John J. Mackiewicz, Gary H. Levin, and David R. Bailey, of Woodcock, Washburn, Kurtz, Mackiewicz & Norris, Philadelphia, PA, for Plaintiff.

Arthur G. Connolly, Jr., of Connolly Bove, Lodge & Hutz; Wilmington, DE, of counsel, Nels T. Lippert, Cecelia O'Brien Lofters, and William P. DiSalvatore, of White & Case, New York City, for Defendants.

OPINION

LONGOBARDI, Senior District Judge.

I. NATURE AND STAGE OF THE PROCEEDINGS

W.R. Grace & Co.—Conn. ("Grace") is the owner of five patents relating to a composition, or the use of a composition, to reduce sulfur oxide ("SOx") emissions from hydrocarbon conversion processes, such as fluid catalytic cracking ("FCC") processes. The five patents-in-suit are U.S. Patents 4,469,589 ("'589 Patent"), 4,472,267 ("'267 Patent"), 4...

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