E. I. du Pont de Nemours & Co. v. Celanese Corp.

OPINION

BONSAL, District Judge.

Defendants move for partial summary judgment pursuant to Rule 56(b), Federal Rules of Civil Procedure, dismissing portions of paragraph 16 of plaintiff’s complaint and dismissing the second and third paragraphs of the prayer for relief, which defendants contend seek to raise questions of “patentability, statutory bars and estoppels” in this action brought by plaintiff alleging that it is dissatisfied with a decision of the Board *429of Patent Interferences. 35 U.S.C. § 146.1

Following an interference proceeding in the United States Patent Office and determinations by…