OPINION
STAPLETON, District Judge.
These are consolidated actions involving the validity, infringement, ity of United States Patents No. 3,868,434 ("'434 patent") and No. 3,996,311 ("'311 patent"), which issued to Richard C. Westphal ("Westphal") and Paul Heinig ("Heinig"). Cosden Oil and Chemical Company ("Cosden") originally filed this suit asking for a declaratory judgment that the patents in suit are invalid,
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