Pactive Corp. v. Dow Chemical Company
Court of Appeals for the Federal Circuit
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…
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