Super Sack Manufacturing Corporation v. Chase Packaging Corporation
Court of Appeals for the Federal Circuit
1Opinion of the Court
MICHEL, Circuit Judge.
Chase Packaging Corporation (Chase) appeals from the September 1, 1994 order of the U.S. District Court for the Northern District of Texas, No. 3:88-CV-1963-P, dismissing the case with prejudice for lack of a reasonable apprehension of a future infringement suit after Super Sack Manufacturing Corporation (Super Sack) withdrew its infringement allegations, and denying Chase’s motion to amend its pleadings to include a declaratory judgment counterclaim of unen-forceability due to inequitable conduct. Because the trial court correctly concluded that Super Sack’s promise to…
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