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U. S. CHEMICAL CORP. v. PLASTIC GLASS CORP.

No. 12034.

243 F.2d 892 (1957)

U. S. CHEMICAL CORPORATION and U. S. Plastic Products Corporation, Appellants, v. PLASTIC GLASS CORPORATION.

United States Court of Appeals Third Circuit.

Decided May 7, 1957.

Attorney(s) appearing for the Case

W. Brown Morton, New York City (Pennie, Edmonds, Morton, Barrows & Taylor, Stanton T. Lawrence, Jr., New York City, on the brief), for appellants.

W. Houston Kenyon, Jr., New York City (Kenyon & Kenyon, Francis T. Carr, New York City, J. Edward Shinn, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

U. S. Chemical Corporation, the owner of United States Patent No. 2,668,328, and U. S. Plastic Products Corporation, the exclusive licensee under the patent, sued Plastic Glass Corporation alleging infringement.1 Plastic Glass Corporation filed an answer and counterclaims alleging among other defenses that the patent was invalid because of prior public use and sale. The court below held the patent invalid basing its...

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