· 9/15/1993
Bp Chemicals Limited v. Union Carbide Corporation
Citations
- 4 F.3d 975
- 28 U.S.P.Q. 2d (BNA) 1124
- 1993 U.S. App. LEXIS 23800
- 1993 WL 347425
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[w]hile [plaintiff] may not have the present ability to market [its product], it had embarked upon a protracted and costly process of obtaining regulatory approval”
- noting that a court need not take “unwarranted deductions of fact” as true on a 6 motion to dismiss
- confirming the relevance of \a patentee's refusal to give assurances that it will not enforce its patent\
- “Although it is the situation at the time suit was filed that establishes the existence vel non of an actual controversy, subsequent events can reinforce the correctness of the conclusion.”
- “Although it is the situation at the time suit was filed that establishes the existence vel non of an actual controversy, subsequent events can rein- force the correctness of the conclusion.” (citation omitted)
- \it is the objective words and actions of the patentee that are controlling\
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Lourie, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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