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DOW CHEMICAL CANADA INC. v. HRD CORP.

No. C.A. 05-023-RGA.

909 F.Supp.2d 340 (2012)

DOW CHEMICAL CANADA INC., on its behalf and as assignee of The Dow Chemical Company, Plaintiff, v. HRD CORPORATION (d/b/a Marcus Oil & Chemical), Defendant/Counterclaim Plaintiff, v. Dow Chemical Canada Inc., on its behalf and as assignee of The Dow Chemical Company, and the Dow Chemical Company, Counterclaim Defendants.

United States District Court, D. Delaware.

December 18, 2012.

Attorney(s) appearing for the Case

Kenneth J. Nachbar, Esq., Wilmington, DE; Harry J. Roper, Esq., Chicago, IL; for Plaintiff Dow Chemical Canada Inc. and Counterclaim Defendants Dow Chemical Canada Inc. and The Dow Chemical Company.

John A. Sensing, Esq., Wilmington, DE; William C. Ferebee, Esq., Houston, TX; for Defendant and Counterclaim Plaintiff HRD Corporation (d/b/a Marcus Oil & Chemical).

MEMORANDUM OPINION

ANDREWS, District Judge:

This memorandum opinion considers a motion for summary judgment (D.I. 790) brought by Dow Chemical Canada, Inc. and The Dow Chemical Company (collectively "Dow"). This motion attacks HRD Corporation's remaining counterclaims for contractual ownership of two Dow patent applications, U.S. Patent Application Nos. 2006/0199897 and 2008/0306217 (the "'897 Application" and the "'217 Application"), and for misappropriation...

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