District Court, D. Delaware July 24, 1985, Civ. A. 83-143, 83-148, 83-547, 83-801, 84-79 and 85-255 MMS (Phillips Petroleum Co. v. United States Steel Corp.)

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

With the October, 1985 trial date in the Phillips Petroleum Company (“Phillips”) polypropylene litigation looming ahead, a new actor has appeared on the already crowded stage to play out the remaining scenes of the lawsuit. On April 30, 1985, Himont U. S.A., Inc. (“Himont”) filed an action for declaratory judgment, averring that Phillips’ U.S. Patent No.