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

Nos. 91-1174, 91-1175.

5 F.3d 1464 (1993)

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; Suggestion for Rehearing Declined November 29, 1993.


Attorney(s) appearing for the Case

Gordon R. Coons, Leydig, Voit & Mayer, of Chicago, IL, 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 Intern., Inc., of Chicago, IL.

Charles F. Schill, Adduci, Mastriani, Meeks & Schill, of Washington, DC, 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, of Columbia, SC.

Jerome G. Lee, of 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, of Newport Beach, CA. Also on the brief were Walter N. Kirn and William L. LaFuze, of counsel.

Brian G. Brunsvold, Finnegan, Henderson, Farabow, Garrett & Dunner, of Washington, DC, 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.


Rehearing Denied; Suggestion for Rehearing In Banc Declined November 29, 1993.

LOURIE, Circuit Judge.

This case is before us on remand from a decision of the United States Supreme Court vacating our judgment in Morton International, Inc. v. Cardinal Chemical Co., 959 F.2d 948, 22 USPQ2d 1231 (Fed.Cir.), reh'g denied, (Fed.Cir.) and reh'g in banc denied, 967 F.2d 1571,...

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