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ATLAS CHEMICAL INDUSTRIES, INC. v. MORAINE PRODUCTS

Nos. 74-1141, 74-1142.

509 F.2d 1 (1974)

ATLAS CHEMICAL INDUSTRIES, INC., Plaintiff-Appellant, Cross-Appellee, v. MORAINE PRODUCTS, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

December 12, 1974.

Attorney(s) appearing for the Case

Gilbert Gove, Miller, Canfield, Paddock & Stone, Detroit, Mich., Arthur G. Connolly, William J. Wier, Jr., Connolly, Bove & Lodge, James M. Mulligan, Jr., Wilmington, Del., for plaintiff-appellant.

Richard D. Grauer, Bernard Cantor, Cullen, Settle, Sloman & Cantor, Detroit, Mich., Alvin D. Shulman, Allen H. Gerstein, Merriam, Marshall, Shapiro & Klose, Chicago, Ill., for defendant-appellee.

Before PHILLIPS, Chief Judge, ENGEL, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Chief Judge.

This is an appeal from summary judgment in a patent suit filed by a licensee (Atlas) against the licensor (Moraine), in which the District Court declared the licensor's patent No. 3,422,189 to be invalid. The District Court ordered that royalties which had been escrowed during the period in which the action was pending be paid over to the licensor, and assessed certain pre-litigation costs against the licensee. Reference is made to the decision...

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