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SPECIALTY COMPOSITES v. CABOT CORP.

Nos. 87-1456, 87-1457.

845 F.2d 981 (1988)

SPECIALTY COMPOSITES, Plaintiff/Cross-Appellant, v. CABOT CORP., Defendant/Appellant.

United States Court of Appeals, Federal Circuit.

April 27, 1988.

Attorney(s) appearing for the Case

Rudolf E. Hutz, Connolly, Bove, Lodge & Hutz, Wilmington, Del., argued for plaintiff/cross-appellant. With him on the brief were James M. Mulligan, Jr., Harold Pezzner and Mary W. Bourke. Also on the brief was Ansel B. Chaplin, Chaplin & Milstein, Boston, Mass., of counsel.

Harold Hestnes, Hale & Dorr, Boston, Mass., argued for defendant/appellant. With him on the brief was Thomas N. O'Connor. Also on the brief were Eugene F. Buell and Lynn J. Alstadt, Buell, Ziesenheim, Beck & Alstadt, Pittsburgh, Pa., and Jack Schuman, Indianapolis, Ind., of counsel.

Before MARKEY, Chief Judge, DAVIS, Circuit Judge, and NICHOLS, Senior Circuit Judge.

DAVIS, Circuit Judge.

Cabot Corporation's (Cabot) United States Patent No. Re. 29,487 ('487 patent) claims certain plastic foam earplugs used for hearing protection. Specialty Composites (Specialty) brought an action in the United States District Court for the District of Massachusetts seeking a declaratory judgment that the '487 patent is invalid, unenforceable, and not infringed by the polyurethane foam earplugs manufactured and sold by Specialty. Cabot counterclaimed...

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