Jefferson Chemical Co. v. Mobay Chemical Co.

DUFFY, Chancellor:

On July 30, 1968 Mobay Chemical Company, defendant, (Mobay), notified Jefferson Chemical Company, Inc., plaintiff (Jefferson), of its intention to re-acquire rights to U.S. Letters Patent No. 3,102,875 (“Heiss patent”) and a pending patent application pursuant to an agreement between the parties dated January 26, 1966. Thereafter, Jefferson filed in this Court a complaint for declaratory relief in which it seeks to remove this cloud on its rights to the Heiss patent. This is the decision on Jefferson’s motion for summary judgment. 1

A

Jefferson contends that Mobay may not…