Legal Opinion

Pactive Corp. v. Dow Chemical Company

Court of Appeals for the Federal Circuit

Decided June 5, 2006No. 2005-1260PublishedCited by 36 opinions

1Opinion of the Court

DYK, Circuit Judge.

Pactiv Corporation (“Pactiv”) appeals from the district court’s dismissal of its declaratory judgment action against Dow Chemical Company (“Dow”), in which Pac-tiv sought a judgment of noninfringement, invalidity, and unenforceability with respect to U.S. Patent Nos. 5,424,016, and 5,586,058 (the “ ’016 patent” and the “ ’058 patent” respectively). Because we agree with the district court’s determination that Pactiv’s claims are precluded by res judi-cata, we affirm.

BACKGROUND

In litigation commenced in 1995, Dow sued Pactiv for infringement of the ’016 and ’058 patents, and…

2Cases cited20 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  3. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  4. Massachusetts School of Law at Andover, Inc. v. American Bar Ass'nCourt of Appeals for the First Circuit · 1998
  5. Keith v. AldridgeCourt of Appeals for the Fourth Circuit · 1990

15 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Aspex Eyewear, Inc. v. Marchon Eyewear, Inc.Court of Appeals for the Federal Circuit · 2012
  2. ACUMED LLC v. Stryker Corp.Court of Appeals for the Federal Circuit · 2008
  3. Nasalok Coating Corp. v. Nylok Corp.Court of Appeals for the Federal Circuit · 2008
  4. Chisolm v. United StatesUnited States Court of Federal Claims · 2008
  5. Arrow Gear Co. v. Downers Grove Sanitary DistrictCourt of Appeals for the Seventh Circuit · 2010

31 more not listed; retrieve them via the Exa API.

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