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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.