Union Carbide Corporation v. The Dow Chemical Company

CLARK, Chief Judge:

The Union Carbide Corporation (Carbide) sued the Dow Chemical Company (Dow) for infringement of Carbide’s process patent No. 3,242,219 for making the chemical bis-phenol-A. The trial court refused to adopt Dow’s narrow construction of the ’219 patent’s claims. It also rejected Dow’s arguments concerning the patent’s obviousness and Carbide’s misrepresentations to the Patent Office. Accordingly, it found that the ’219 patent is valid, and that it has been infringed by Dow.

On appeal, Dow presses the identical arguments it urged below, couching them in terms of this court’s…