Legal Opinion

Arco Polymers, Inc. v. Studiengesellschaft Kohle and Max-Planck-Institut Fur Kohlenforschung

Court of Appeals for the Federal Circuit

Decided June 15, 1983No. 83-642Published

1Opinion of the Court

ORDER

FRIEDMAN, Circuit Judge.

Appellant, Arco Polymers, Inc. (“Arco”), instituted this action in the United States District Court for the Eastern District of Pennsylvania, seeking a declaratory judgment that certain of the appellees’ United States patents are invalid and have not been infringed through Arco’s operations at its plant in Monument, Texas. This appeal involves one of those patents, the ’115 patent.

The district court, 555 F.Supp. 547, dismissed the complaint as barred by res judicata because: (1) Arco had purchased the plant from a company that itself had purchased the plant from…

2Cases cited3 opinions

  1. Karl Ziegler, Plaintiff-Appellant-Cross-Appellee v. Phillips Petroleum Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1973
  2. Studiengesellschaft Kohle mbH v. Dart Industries, Inc.District Court, D. Delaware · 1982
  3. Arco Polymers, Inc. v. STUDIENGESELLSCHAFT KOHLEDistrict Court, E.D. Pennsylvania · 1982

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