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E. I. duPONT de NEMOURS AND COMPANY v. CELANESE CORPORATION

No. 68 Civ. 723.

285 F.Supp. 819 (1968)

E. I. duPONT de NEMOURS AND COMPANY, a corporation, Plaintiff, v. CELANESE CORPORATION, a corporation, Columbia Ribbon and Carbon Manufacturing Co., Inc., a corporation, and Angelo Vaccaro, Defendants.

United States District Court S. D. New York.

June 10, 1968.

Attorney(s) appearing for the Case

Ward, McElhannon, Brooks & Fitzpatrick, by Joseph M. Fitzpatrick, and Lawrence F. Scinto, New York City, for plaintiff.

Proskauer, Rose, Goetz & Mendelsohn, by Stephen R. Kaye, and Michael A. Cardozo, New York City, for defendant Celanese Corporation; James P. Burns and A. Donald Messenheimer, Washington, D. C., and Charles B. Barris, New York City, of counsel.

McKercher & Link, by George Link, Jr., New York City, for defendants Columbia Ribbon and Carbon Mfg. Co., Inc., and Angelo Vaccaro.

OPINION

TYLER, District Judge.

This motion grows out of an interference contest between plaintiff's Patent No. 3,068,528 and defendants' reissue application Serial No. 399,569. In proceedings before the Patent Office, priority was awarded to the latter.1 Defendants' successful application was filed in the name of Angelo Vaccaro as inventor, with defendant Columbia Ribbon and Carbon Manufacturing Company ("Columbia") named as...

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