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BP CHEMICALS LTD. v. UNION CARBIDE CORP.

No. 91-1256.

4 F.3d 975 (1993)

BP CHEMICALS LIMITED, Plaintiff-Appellant, v. UNION CARBIDE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 15, 1993.

Attorney(s) appearing for the Case

Ford F. Farabow, Jr., Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, DC, argued for plaintiff-appellant. With him on the brief were Michael C. Elmer, J. Michael Jakes and Joann M. Neth. Also on the brief were Harold Haidt, G. Thomas Delahunty and Charles G. Mueller, Brooks, Haidt, Haffner & Delahunty, New York City, of counsel.

Nicholas M. Cannella, Fitzpatrick, Cella, Harper & Scinto, New York City, argued for defendant-appellee. With him on the brief were Joseph M. Fitzpatrick, Scott K. Reed and Steven C. Kline. Also on the brief were Norman L. Balmer and Robert C. Brown, Union Carbide Chemicals, Danbury, CT.

Before NEWMAN, LOURIE, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

BP Chemicals Limited filed a declaratory judgment action against Union Carbide Corporation in the United States District Court for the Southern District of New York, seeking a declaration that Union Carbide's United States Patent No. 4,543,399, issued September 24, 1985, is invalid, unenforceable, and not infringed by BP Chemicals' process for the production of certain polymers. The district court dismissed the action for lack of a justiciable...

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