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MINNESOTA MINING & MFG. CO. v. E. I. DU PONT DE NEMOURS & CO.

No. 18856.

448 F.2d 54 (1971)

MINNESOTA MINING AND MANUFACTURING COMPANY, Plaintiff-Appellant, v. E. I. du PONT de NEMOURS & COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 14, 1971.

Attorney(s) appearing for the Case

Edward A. Haight, Chicago, Ill., Harold J. Kinney, St. Paul, Minn., Britton A. Davis, Chicago, Ill., for plaintiff-appellant; Haight, Hofeldt & Davis, Chicago, Ill., Cruzan, Alexander, Kinney, Alexander, Sell, Steldt & De La Hunt, St. Paul, Minn., of counsel.

W. Philip Churchill, Charles P. Baker, New York City, Frank F. Fowle, Chicago, Ill., Raymond E. Blomstedt, Wilmington, Del., E. Manning Giles, Pope, Ballard, Kennedy, Shepard & Fowle, Chicago, Ill., for defendant-appellee; John O. Tramontine, Fish & Neave, New York City, of counsel.

Before SWYGERT, Chief Judge, and KERNER and SPRECHER, Circuit Judges.

SWYGERT, Chief Judge.

This appeal concerns the construction of an agreement settling an interference declared by the Patent Office. The question is whether, in light of the provisions of the agreement and the accompanying circumstances, one of the parties to the agreement is estopped to assert against the other its later-issued patent, the application for which was pending, but undisclosed, at the time of the settlement.

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