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ROHM AND HAAS CO. v. DAWSON CHEMICAL CO.

No. 76-4511.

599 F.2d 685 (1979)

ROHM AND HAAS COMPANY, Plaintiff-Appellant Cross-Appellee, v. DAWSON CHEMICAL COMPANY, Crystal Manufacturing Corporation, Crystal Chemical Company, and Helena Chemical Company, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

July 30, 1979.

Attorney(s) appearing for the Case

James C. Winters, Winters, Deaton, Briggs & Britton, Houston, Tex., Januar D. Bove, Jr., Rudolf E. Hutz, Wilmington, Del., George W. F. Simmons, Rohm & Haas Co., William Lambert, Philadelphia, Pa., for plaintiff-appellant.

John L. McConn, Jr., Ned L. Conley, Houston, Tex., for Dawson and Crystal.

B. R. Pravel, Houston, Tex., John R. McCarroll, Jr., Memphis, Tenn., for Helena Chemical Co.

John H. Pickering, Robert A. Hammond, III, A. Stephen Hut, Jr., Washington, D.C., Donald F. Turner, Lexington, Mass., for Manufacturing Chemists Association.

Eugene L. Bernard, John D. Conner, Washington, D.C., for National Agricultural Chemicals Association.

Before GEE and VANCE, Circuit Judges, and HUNTER, District Judge.

GEE, Circuit Judge:

This is an appeal from a grant of summary judgment dismissing plaintiff's claim in a patent infringement suit. It is stipulated that plaintiff-appellant Rohm & Haas Company is sole owner of a patent that describes a method of applying a chemical compound, 3, 4-dichloropropionanilide (hereinafter "propanil"), to established crops such as rice so as to inhibit the growth of weeds selectively. Propanil...

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