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WESTVACO CORP. v. INTERNATIONAL PAPER CO.

No. 92-1205.

991 F.2d 735 (1993)

WESTVACO CORPORATION, Plaintiff-Appellant, v. INTERNATIONAL PAPER COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 31, 1993.

Attorney(s) appearing for the Case

Ford F. Farabow, Jr., Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for plaintiff-appellant (with him on the brief were Allen M. Sokal, J. Michael Jakes and Mark W. Lauroesch Washington, DC and Francis J. Hone, Robert C. Scheinfeld, and Marta E. Delsignore, Brumbaugh, Graves, Donohue & Raymond, and Thomas R. Long, Richard L. Schmalz and Larry C. Hall, Westvaco Corp., New York City).

William F. Dudine, Jr., Darby & Darby, New York City, argued for defendant-appellee (with him on the brief were S. Peter Ludwig, Beverly B. Goodwin and Robert C. Sullivan, Jr. New York City and Walt Thomas Zielinski, Intern. Paper Corporate Research Center, of Tuxedo, NY).

Before MICHEL, PLAGER, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

Westvaco Corporation brought suit in the United States District court for the Eastern District of Virginia against International Paper Company (IPC) for a declaratory judgment that IPC's Reissue Patent No. 33,376 is invalid and unenforceable, that Westvaco's product does not infringe the patent, and that Westvaco is entitled to intervening rights. IPC denied Westvaco's claims and counterclaimed for willful infringement.

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