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PACTIV CORP. v. DOW CHEMICAL CO.

No. 05-1260.

449 F.3d 1227 (2006)

PACTIV CORPORATION, Plaintiff-Appellant, v. DOW CHEMICAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 5, 2006.

Attorney(s) appearing for the Case

Robert T. Tobin, Kenyon & Kenyon, of New York, New York, argued for plaintiff-appellant. With him on the brief were Anita Pamintuan Fusco; and Sheila A. Ozalis, Smith & Ozalis LLP, of Newtown, Connecticut. Of counsel was James Galbraith.

Arthur M. Lieberman, Ganfer & Shore, LLP, of New York, New York, argued for defendant-appellee. Of counsel on the brief were Dawn L. Rudenko, Dickenstein Shapiro Morin & Oshinsky LLP and Bruce M. Kanuch, The Dow Chemical Company, of Midland, Michigan.

Before MICHEL, Chief Judge, BRYSON, and DYK, Circuit Judges.

DYK, Circuit Judge.

Pactiv Corporation ("Pactiv") appeals from the district court's dismissal of its declaratory judgment action against Dow Chemical Company ("Dow"), in which Pactiv sought a judgment of noninfringement, invalidity, and unenforceability with respect to U.S. Patent Nos. 5,424,016, and 5,586,058 (the "'016 patent" and the "'058 patent" respectively). Because we agree with the district court's determination that Pactiv's claims are precluded by res judicata...

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