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FINA RESEARCH, S.A. v. BAROID LTD.

No. 97-1429.

141 F.3d 1479 (1998)

FINA RESEARCH, S.A., Plaintiff-Appellant, v. BAROID LIMITED, Defendant-Appellee, and Henkel Kgaa, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 17, 1998.

Attorney(s) appearing for the Case

William D. Harris, Jr., Locke, Purnell, Rain, Harrell, P.C., of Dallas, TX, argued for plaintiff-appellant. With him on brief was Michael W. Piper.

Rudolf E. Hutz, Connolly, Bove, Lodge & Hutz, of Wilmington, DE, argued for defendants-appellees. With him on brief were Collins J. Seitz, Jr., and James M. Mulligan, Jr. of counsel were V. Bryan Medlock Jr. and John A. Dondrea, Sidley & Austin, of Dallas, TX.

Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.

CLEVENGER, Circuit Judge.

This appeal presents the issue whether there may be an "actual controversy" for purposes of the Declaratory Judgment Act, 28 U.S.C. § 2201, when the plaintiff's potential liability is only for inducing infringement under 35 U.S.C. § 271(b). Fina Research, S.A. (FRSA) appeals the dismissal of its declaratory judgment action against Baroid Limited (Baroid) and Henkel KGaA (Henkel). Fina Research S.A. v. Baroid Ltd., Civil No...

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