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CATAPHOTE CORPORATION v. DeSOTO CHEMICAL COATINGS, INC.

No. 25118.

450 F.2d 769 (1971)

CATAPHOTE CORPORATION, Plaintiff-Appellee, v. DeSOTO CHEMICAL COATINGS, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 17, 1972.

Attorney(s) appearing for the Case

Carl Hoppe (argued), of Eckhoff & Hoppe, San Francisco, Cal., Dugald S. McDougall, of McDougall, Hersh, Scott & Ladd, Chicago, Ill., for defendant-appellant.

George B. Collins (argued), William A. Marshall (argued), of Merriam, Marshall, Shapiro & Klose, Chicago, Ill., for plaintiff-appellee.

Before MERRILL and CHOY, Circuit Judges, and POWELL, District Judge.

CHOY, Circuit Judge:

Cataphote Corporation (Cataphote), DeSoto Chemical Coatings, Inc. (DeSoto), and Perma-Line Manufacturing Corporation of America (Perma-Line) manufacture and sell thermoplastic pavement-marking compositions used principally for highway traffic lane markings.1 In 1962, Cataphote sued DeSoto, alleging infringement of Cataphote's patent for a thermoplastic composition (the Poole patent). DeSoto counterclaimed, alleging...

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