United States Federal Circuit

Dismissal of plaintiff's declaratory judgment action against a chemical company in which it sought a judgment of noninfringement, invalidity, and unenforceability with respect to certain patents is affirmed where the district court correctly concluded that plaintiff's claims were precluded by res judicata.

Appellate Information

• Decided 06/05/2006
• Published 06/05/2006

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert T. Tobin, Kenyon & Kenyon, of New York, New York, argued for plaintiff-appellant.   With him on the brief were Anita Pamintuan Fusco;  and Sheila A. Ozalis, Smith & Ozalis LLP, of Newtown, Connecticut.   Of counsel was James Galbraith.


• For Appellees:
  
• Arthur M. Lieberman, Ganfer & Shore, LLP, of New York, New York, argued for defendant-appellee.   Of counsel on the brief were Dawn L. Rudenko, Dickenstein Shapiro Morin & Oshinsky LLP and Bruce M. Kanuch, The Dow Chemical Company, of Midland, Michigan.