ATLAS CHEMICAL INDUSTRIES, INC. v. MORAINE PRODUCTS, INC.

Civ. A. No. 35222.

350 F.Supp. 353 (1972)

ATLAS CHEMICAL INDUSTRIES, INC., Plaintiff, v. MORAINE PRODUCTS, INC., Defendant.

United States District Court, E. D. Michigan, S. D.

October 27, 1972.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone, Detroit, Mich., for plaintiff.

Cullen, Settle, Sloman & Cantor, Detroit, Mich., Allen H. Gerstein and Alvin D. Shulman, Merriam, Marshall, Shapiro & Klose, Chicago, Ill., for defendant.


MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This is an action filed by the licensee of a Patent No. 3,422,189 to declare the patent invalid. The plaintiff claims by motion for summary judgment that the alleged invention was in public use more than one year prior to the date the patent application was filed. 35 U.S.C.A. Section 102(b). The defendant has filed a motion to dismiss based on the plaintiff's alleged fraud on the court and unclean hands...

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