MORTON INTERN., INC. v. CARDINAL CHEMICAL CO.

Nos. 91-1174, 91-1175.

959 F.2d 948 (1992)

MORTON INTERNATIONAL, INC., Plaintiff-Appellant, v. CARDINAL CHEMICAL COMPANY, a partnership, W.M. Quattlebaum, Jr., Dorothy Quattlebaum, and W.M. Quattlebaum, III, individuals, Cardinal Manufacturing Co., and Cardinal Stabilizers, Inc., Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 17, 1992.

Suggestion for Rehearing Declined May 7, 1992.


Attorney(s) appearing for the Case

Gordon R. Coons, Leydig, Voit & Mayer, Chicago, Ill., argued, for plaintiff-appellant. With him on the brief were John E. Resenquist and Jeffrey S. Ward. Also on the brief was Gerald K. White, Morton International, Inc., Chicago, Ill.

Charles F. Schill, Adduci, Mastriani, Meeks & Schill, Washington, D.C., argued for defendants/cross-appellants. With him on the brief were William O. Sweeny, III, Arthur L. Coleman, Nelson Mullins and Elizabeth R.P. Bowen, Riley & Scarborough, Columbia, S.C.

Jerome G. Lee, Arlington, Va., was on the brief for amicus curiae, American Intellectual Property Law Ass'n. With him on the brief were William C. Rooklidge and Joseph R. Re, Knobbe, Martens, Olson & Bear, Newport Beach, Cal. Also on the brief were Walter N. Kirn and William L. LaFuze, of counsel.

Brian G. Brunsvold, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., was on the brief for amicus curiae, Atochem North America, Inc. With him on the brief were Herbert H. Mintz, Richard B. Racine and Michael D. Kaminski. Also on the brief was Stanley A. Marcus, Deputy Gen. Counsel — Patents, Atochem North America, Inc., Philadelphia, Pa., of counsel.

Before MAYER, LOURIE, and CLEVENGER, Circuit Judges.


Suggestion for Rehearing In Banc Declined May 7, 1992.

PER CURIAM.

This appeal and cross-appeal are from the December 14, 1990, judgment of the United States District Court for the District of South Carolina, 6:83-889-OK. The patentee, Morton International, Inc., contends that the district court erred in finding its U.S. Patents 4,062,881 ('881) and 4,120,845 ('845) not infringed by Cardinal Chemical Company, et al.; and in concluding that both patents are...

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