Hercules Inc. v. Minnesota State Highway Department

NEVILLE, District Judge.

This lawsuit appears in several aspects to be one of first impression. It is brought under 35,U.S.C. § 271 et. seq. and 28 U.S.C. § 1400(b) for claimed infringement of a process patent owned by plaintiff. Jurisdiction is conferred on this court by 28 U.S.C. § 1338. It is alleged that the Minnesota State Highway Department in spraying its rights-of-way for weed and pesticide control, is using a process that infringes plaintiff’s patent. No individual state officials or employees are made defendants. Defendant Dow Chemical Company manufactures, and through its…