|Warner Jenkinson Co., Inc. v. Hilton Davis Chemical Co. (95-728), 520 U.S. 17 (1997).|
[ Ginsburg ]
[ Thomas ]
WARNER JENKINSON COMPANY, INC., PETITIONER v. HILTON
DAVIS CHEMICAL CO.
on writ of certiorari to the united states court of appeals for the federal circuit
Because respondent has not presented to this Court any explanation for the addition of the lower pH limit, I concur in the decision to remand the matter to the Federal Circuit. On remand, that court can determine--bearing in mind the prior absence of clear rules of the game--whether suitable reasons for including the lower pH limit were earlier offered or, if not, whether they can now be established.