DOW CHEMICAL CO. v. EXXON CORP.

Nos. 97-1347, 97-1351.

144 F.3d 1478 (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.

May 28, 1998.


Attorney(s) appearing for the Case

Harry J. Roper, Roper & Quigg, of Chicago, Illinois, argued for plaintiff-appellant. On brief were Raymond N. Nimrod and Aaron A. Barlow. Also on brief were Charles J. Kalil, The Dow Chemical Company, of Midland, Michigan, and L. Wayne White, of Freeport, Texas. Of counsel was George S. Bosy, Roper & Quigg.

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

David F. Dobbins, Patterson, Belknap, Webb & Tyler, LLP, of New York City, for amicus curiae. Of counsel were Eugene M. Gelernter, Patterson, Belknap, Webb & Tyler, LLP, and Theodore B. Van Itallie, Johnson & Johnson, of New Brunswick, New Jersey.


ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by the Cross-Appellant, an amicus curiae brief having been filed by Johnson & Johnson, and a response thereto having been invited by the court and filed by the Appellant, and the petition for rehearing having been referred to the panel that heard the appeal, and thereafter the suggestion for rehearing in banc, amicus brief and response having been referred to...

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