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ROHM & HAAS CO. v. MOBIL OIL CORP.

Civ. A. Nos. 78-384, 79-397.

525 F.Supp. 1298 (1981)

ROHM AND HAAS COMPANY, Plaintiff, v. MOBIL OIL CORPORATION and Rhone-Poulenc, Inc., Defendants. MOBIL OIL CORPORATION and Rhone-Poulenc, Inc., Plaintiffs, v. ROHM & HAAS COMPANY, Defendant.

United States District Court, D. Delaware.

November 12, 1981.

Attorney(s) appearing for the Case

Rudolf E. Hutz and James M. Mulligan of Connolly, Bove & Lodge, Wilmington, Del., and George W. F. Simmons and William E. Lambert, III, of Rohm & Haas Company, Philadelphia, Pa., of counsel, for Rohm and Haas Company.

Edward M. McNally of Morris, James, Hitchens & Williams, Wilmington, Del., and John A. Diaz, J. Robert Dailey, Arnold I. Rady, New York City, and James W. Gould, Philadelphia, Pa., Morgan, Finnegan, Pine, Foley & Lee, New York City, of counsel, for Mobil Oil Corp. and Rhone-Poulenc, Inc.

OPINION

LATCHUM, Chief Judge.

In Civil Action No. 78-384, plaintiff Rohm and Haas Company ("Rohm & Haas") seeks a declaratory judgment that a patent held by defendant Mobil Oil Company ("Mobil"), United States Patent No. 3,979,437 ("437 patent"), is invalid, unenforceable and not infringed. (Docket Item ["D.I."] 1.) Mobil has counterclaimed for infringement and seeks treble damages against Rohm & Haas. (D.I. 14.) After commencement of this action...

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