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

Nos. 91-1174, 91-1175.

967 F.2d 1571 (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.

June 24, 1992.

Attorney(s) appearing for the Case

Gordon R. Coons, John E. Rosenquist and Jeffrey S. Ward, Leydig, Voit & Mayer, and Gerald K. White, Morton Intern., Inc., Chicago, Ill., on petition for rehearing with suggestion for rehearing in banc for the plaintiff-appellant.

Charles F. Schill and Elizabeth R.P. Bowen, Adduci, Mastriani, Meeks & Schill, Washington, D.C., and William O. Sweeny, III and Arthur L. Coleman, Nelson, Mullins, Riley & Scarborough, Columbia, on petition for rehearing with suggestion for rehearing in banc for defendants/cross-appellants.

I. Fred Koenigsberg, President, American Intellectual Property Law Ass'n, Arlington, Va., and Joseph R. Re and William C. Rooklidge, Knobbe, Martens, Olson & Bear, of Newport Beach, Cal., and H. Ross Workman, Workman, Nydegger & Jensen, Salt Lake City, Utah and Nancy J. Linck, Cushman, Carby & Cushman, Washington, D.C., on brief for amicus curiae, American Intellectual Property Law Ass'n in support of suggestions for rehearing in banc.

For majority opinion, see 959 F.2d 948.

NIES, Chief Judge, dissenting from the orders declining suggestions for rehearing in banc:

Cardinal Chemical Company sought and obtained a declaratory judgment that U.S. Patents 4,062,881 and 4,120,845, owned by Morton International, Inc., were invalid. On appeal, a majority of the panel reasoned that because it affirmed the district court's finding on Morton's infringement claim that...

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