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MONSANTO COMPANY v. ROHM & HAAS COMPANY

No. 19132.

456 F.2d 592 (1972)

MONSANTO COMPANY, Appellant, v. ROHM & HAAS COMPANY.

United States Court of Appeals, Third Circuit.

Decided January 12, 1972.

As Amended March 9, 1972.

Attorney(s) appearing for the Case

C. Frederick Leydig, Wolfe, Hubbard, Leydig, Voit & Osann, Chicago, Ill. (Pepper, Hamilton & Sheetz, Philadelphia, Pa., John E. Rosenquist, Chicago, Ill., Arnold H. Cole, St. Louis, Mo., on the brief), for appellant.

Arthur G. Connolly, Sr., Connolly, Bove & Lodge, Wilmington, Del. (Werner H. Hutz, Rudolf E. Hutz, Wilmington, Del., on the brief), for defendant-appellee.

Before KALODNER, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Monsanto Company appeals from a judgment declaring invalid and unenforceable its U. S. Patent No. 3,382,280, known as the Huffman patent, issued May 7, 1968.1 The action arose in an infringement proceeding Monsanto brought against Rohm and Haas Company, in which the defendant counterclaimed for a declaratory judgment of invalidity and for an injunction and damages for unfair competitive...

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