DOW CHEMICAL CO. v. EXXON CORP.

Nos. 97-1347, 97-1351.

139 F.3d 1470 (1998)

The DOW CHEMICAL COMPANY, Plaintiff-Appellant, v. EXXON CORPORATION and Exxon Chemical Patents, Inc., Defendants/Cross Appellants.

United States Court of Appeals, Federal Circuit.

March 24, 1998.


Attorney(s) appearing for the Case

Harry J. Roper, Roper & Quigg, Chicago, IL, argued for the plaintiff-appellant. On the brief were Raymond N. Nimrod and Aaron A. Barlow. Also on the brief were Charles J. Kalil, The Dow Chemical Company, Midland, MI, and L. Wayne White, Freeport, TX.

Daniel Joseph, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, argued for the defendants/cross appellants. On the brief were Lisa S. Gallerano, John L. Hendricks, and Richard C. Levin, Dallas, TX. Also on the brief were Eric C. Woglom, Glenn A. Ousterhout, and Denise L. Loring, Fish & Neave, New York City, and William J. Wade and Frederick L. Cottrell, III, Richards, Layton & Finger P.A., Wilmington, DE. Of counsel were Scott R. Jacobs, Dallas, TX, and Richard J. Smith, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Austin, TX, and William J. McCabe, Fish & Neave, New York City.

Before MICHEL, LOURIE, and CLEVENGER, Circuit Judges.


Opinion for the court filed by Circuit Judge MICHEL. Circuit Judge LOURIE dissents in part.

MICHEL, Circuit Judge.

Plaintiff-Appellant, The Dow Chemical Company ("Dow"), appeals from a final judgment of the United States District Court for the District of Delaware, entered on March 20, 1997, dismissing Dow's state law unfair competition claim against Exxon Corporation ("Exxon Corp.") because no justiciable issues remained in the case and denying Dow's claim...

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