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UNION CARBIDE CORP. v. DOW CHEMICAL CO.

No. 81-2419.

682 F.2d 1136 (1982)

UNION CARBIDE CORPORATION, Plaintiff-Appellee, v. The DOW CHEMICAL COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 3, 1982.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Jefferson D. Giller, Guy L. McClung, III, Houston, Tex., Sidney Joseph Walker, Clute, Tex., Lloyd S. Jowanovitz, Midland, Mich., for defendant-appellant.

Leydig, Voit, Osann, Mayer & Holt, Gerald Rose, C. Frederick Leydig, Chicago, Ill., Baker & Botts, Garrett R. Tucker, Jr., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and REAVLEY, Circuit Judges.

CLARK, Chief Judge:

The Union Carbide Corporation (Carbide) sued the Dow Chemical Company (Dow) for infringement of Carbide's process patent No. 3,242,219 for making the chemical bisphenol-A. The trial court refused to adopt Dow's narrow construction of the '219 patent's claims. It also rejected Dow's arguments concerning the patent's obviousness and Carbide's misrepresentations to the Patent Office. Accordingly, it found that the '219 patent is valid, and that it...

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