Legal Opinion

Phillips Petroleum Co. v. United States Steel Corp.

District Court, D. Delaware

Decided July 24, 1985No. Civ. A. 83-143, 83-148, 83-547, 83-801, 84-79 and 85-255 MMSPublishedCited by 2 opinions

1Opinion of the Court

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

With the October, 1985 trial date in the Phillips Petroleum Company (“Phillips”) polypropylene litigation looming ahead, a new actor has appeared on the already crowded stage to play out the remaining scenes of the lawsuit. On April 30, 1985, Himont U. S.A., Inc. (“Himont”) filed an action for declaratory judgment, averring that Phillips’ U.S. Patent No. 4,376,851 (“the ‘851 patent”) is invalid, unenforceable, and not infringed by Himont’s activities. By order of this Court dated May 29, 1985, Himont’s suit was consolidated for pre-trial purposes with…

2Cases cited8 opinions

  1. Smith International, Inc., a California Corporation v. Hughes Tool Company, a Delaware CorporationCourt of Appeals for the Federal Circuit · 1983
  2. Atlas Chemical Industries, Inc., Cross-Appellee v. Moraine Products, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
  3. Eli Lilly & Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980
  4. Northern Natural Gas Co. v. United States Department of EnergyDistrict Court, D. Delaware · 1979
  5. Coca-Cola Bottling Co. of Shreveport, Inc. v. Coca-Cola Co.District Court, D. Delaware · 1983

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3Cited by2 opinions

  1. Simon & Schuster, Inc. v. Advanced Marketing Services, Inc. (In Re Advanced Marketing Services, Inc.)United States Bankruptcy Court, D. Delaware · 2007
  2. Johnson & Johnson Orthopaedics, Inc. v. Minnesota Mining & Manufacturing Co.District Court, D. Delaware · 1989

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