STANDARD OIL COMPANY OF INDIANA v. MONTEDISON

Civ. A. No. 4319.

398 F.Supp. 420 (1975)

STANDARD OIL COMPANY OF INDIANA, Plaintiff, v. MONTEDISON S. p. A. et al., Defendants. PHILLIPS PETROLEUM COMPANY, Plaintiff, v. MONTEDISON S. p. A. et al., Defendants. E. I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. MONTEDISON S. p. A. et al., Defendants.

United States District Court, D. Delaware.

August 1, 1975.


Attorney(s) appearing for the Case

Robert H. Richards, III, of Richards, Layton & Finger, Wilmington, Del., John T. Kelton, Thomas V. Heyman, and Maxim H. Waldbaum, of Watson, Leavenworth, Kelton & Taggart, New York City, of counsel, for plaintiff Standard Oil Co. of Ind.

C. Waggaman Berl, Jr., Wilmington, Del., Sidney Neuman, Harry J. Roper and Robert L. Austin of Neuman, Williams, Anderson & Olson, Chicago, Ill., and Donald J. Quigg and Eugene E. Innis, Bartlesville, Okl., of counsel, for plaintiff Phillips Petroleum Co.

Roger A. Hines and Earl Handley, Wilmington, Del., Louis F. Reed of Fish & Neave, New York City, of counsel, for plaintiff E. I. Du Pont De Nemours and Co.

Edmund D. Lyons of Morris, James, Hitchens & Williams, Wilmington, Del., George B. Finnegan, Jr., Jerome G. Lee, Alfred P. Ewert, David H. Pfeffer and Stephen R. Smith of Morgan, Finnegan, Pine, Foley & Lee, New York City, of counsel, for defendant Montedison S.p. A., and others.


OPINION

CALEB M. WRIGHT, Senior District Judge.

This is an action brought pursuant to 35 U.S.C. § 146 to review a decision of the Patent Office Board of Patent Interferences (the Board), that on November 29, 1971 awarded priority of invention to Montedison, S.p.A. From September 1972, until February of this year, a stay was ordered by this Court pending the resolution of an earlier-filed patent infringement action. That action involved the alleged infringement...

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