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ARKEMA INC. v. HONEYWELL INTERN., INC.

No. 2012-1308.

706 F.3d 1351 (2013)

ARKEMA INC. and Arkema France, Plaintiffs-Appellants, v. HONEYWELL INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 5, 2013.

Attorney(s) appearing for the Case

John DiMatteo , Willkie Farr & Gallagher, LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Michael W. Johnson and Aparnaa B. Saini .

Gregg F. LoCascio , Kirkland & Ellis, LLP, of Washington, DC, argued for defendant-appellee. With him on the brief were Sean M. McEldowney and Anders P. Fjellstedt ; and Laura M. Burson , Kirkland & Ellis, LLP, of Los Angeles, CA.

Before DYK, PLAGER, and O'MALLEY, Circuit Judges.

DYK, Circuit Judge.

Defendant Honeywell International, Inc. ("Honeywell") and plaintiffs Arkema Inc. and Arkema France ("Arkema") compete in the manufacture and sale of automotive refrigerants. Honeywell owns United States Patent No. 8,033,120 ("the '120 patent") and United States Patent No. 8,065,882 ("the '882 patent"). Arkema sought a declaratory judgment that by entering into contracts to supply HFO-1234yf ("1234yf"), a next-generation automotive refrigerant,...

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