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UNITED STATES v. MARIFARMS, INC.

Civ. A. Nos. 4305, 4306.

345 F.Supp. 858 (1972)

UNITED STATES of America, Plaintiff, v. MARIFARMS, INC. and Mitsutake Miyamura, Defendants. UNITED STATES of America, Plaintiff, v. MARIFARMS, INC. and Motosaku Fujinaga, Defendants.

United States District Court, D. Delaware.

July 13, 1972.

Attorney(s) appearing for the Case

F. L. Peter Stone, U. S. Atty., Wilmington, Del., L. Patrick Gray, III, Asst. Atty. Gen., and A. David Spevack, Atty., Dept. of Justice, Washington, D. C., of counsel, for plaintiff.

Edmund D. Lyons and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, Del., and Robert B. Washburn, of Woodcock, Washburn, Kurtz & Mackiewicz, Philadelphia, Pa., of counsel, for defendants.

OPINION

LATCHUM, District Judge.

These two actions, brought by the United States on January 5, 1972, seek orders canceling two United States Patents and decreeing the same to be unenforceable and void ab initio.1 The patents, which relate to methods for the artificial cultivation of shrimp, are U.S. Patent No. 3,473,509 ("'509 patent") granted on October 21, 1969 upon an application filed on March 6, 1967 in which Mitsutake...

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