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ETHYL CORPORATION v. BORDEN, INC.

No. 18219.

427 F.2d 206 (1970)

ETHYL CORPORATION v. BORDEN, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 5, 1970.

Attorney(s) appearing for the Case

Farrell R. Werbow, Stevens, Davis, Miller & Mosher, Arlington, Va., (Ellsworth H. Mosher, Washington, D. C., Murray N. Schwartz, Longobardi & Schwartz, Wilmington, Del., George P. Maskas, New York City, on the brief) for appellant.

James M. Mulligan, Jr., Connolly, Bove & Lodge, Wilmington, Del. (Nathan Bakalar, Wilmington, Del., Donald L. Johnson, John F. Sieberth, E. Donald Mays, Baton Rouge, La., on the brief), for appellee.

Before GANEY, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Plaintiff-appellee, Ethyl Corporation (Ethyl), filed its complaint in the district court charging that United States Patent No. 3,297,155 owned by defendant-appellant, The Borden Company (Borden), was invalid, unenforceable, and not infringed. Borden denied Ethyl's charges and counterclaimed, charging that two Ethyl products infringe the patent. Both parties moved for...

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