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A. & E. PLASTIK PAK CO. v. MONSANTO COMPANY

No. 21420.

396 F.2d 710 (1968)

A. & E. PLASTIK PAK CO., Inc., Appellant, v. MONSANTO COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

June 5, 1968.

Attorney(s) appearing for the Case

Jack Corinblit (argued), Los Angeles, Cal., Meyer Berkowitz, Beverly Hills, Cal., for appellant.

Gordon F. Hampton (argued), Don T. Hibner, Jr., of Sheppard, Mullin, Richter & Hampton, Los Angeles, Cal., A. Donham Owen of Owen, Wickersham & Erickson, San Francisco, Cal., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and SOLOMON, District Judge.

MERRILL, Circuit Judge:

This appeal is taken pursuant to 28 U.S.C. § 1292(a) (1), from an interlocutory order denying a temporary injunction.

Background

Until December 3, 1963, Monsanto held a patent on an extremely clear, durable type of plastic sheet known as "biaxially oriented polystyrene sheet" and, in the trade, called "OPS". It remains the major U. S. supplier of this sheet. Soon after the expiration of its patent, A. & E....

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