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HERCULES POWDER CO. v. ROHM & HAAS CO.

Civ. A. No. 301.

66 F.Supp. 899 (1946)

HERCULES POWDER CO. v. ROHM & HAAS CO.

District Court, D. Delaware.

July 9, 1946.

Attorney(s) appearing for the Case

Robert H. Richards, Jr. (of Richards, Layton & Finger), of Wilmington, Del., Theodore S. Kenyon and Edgar F. Baumgartner (of Kenyon & Kenyon), both of New York City, for plaintiff.

William S. Potter (of Southerland, Berl & Potter) and Arthur G. Connolly, both of Wilmington, Del., and John F. Bergin and T. Wallace Quinn, both of Philadelphia, Pa., for defendant.

LEAHY, District Judge.

This is a declaratory judgment action. Defendant, charging plaintiff's insecticide, "Thanite", infringes claims 1, 2, 3 and 7 of defendant's Heckert patent No. 1,808,893,1 manufactures and sells a number of compounds containing aliphatic thiocyanates under the name "Lethane". "Lethane" is a mark registered as No. 251,904. Plaintiff seeks a declaration that the Heckert patent is invalid and not infringed. In addition...

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