Legal Opinion

The Dow Chemical Company v. Exxon Corporation and Exxon Chemical Patents, Inc., Defendants/cross

Court of Appeals for the Federal Circuit

Decided March 24, 1998No. 97-1347, 97-1351PublishedCited by 73 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge MICHEL. Circuit Judge LOURIE dissents in part.

MICHEL, Circuit Judge.

Plaintiff-Appellant, The Dow Chemical Company (“Dow”), appeals from a final judgment of the United States District Court for the District of Delaware, entered on March 20, 1997, dismissing Dow’s state law unfair competition claim against Exxon Corporation (“Exxon Corp.”) because no justiciable issues remained in the case and denying Dow’s claim for attorney fees pursuant to 35 U.S.C. § 285 because the requisite exceptional circumstances had not been shown to exist. Dow Chem. Co. v.…

2Cases cited18 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
  3. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  4. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
  5. Kewanee Oil Co. v. Bicron Corp.Supreme Court of the United States · 1974

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3Cited by73 opinions

  1. Therasense, Inc. v. Becton, Dickinson and Co.Court of Appeals for the Federal Circuit · 2011
  2. Rodime Plc v. Seagate Technology, Inc., Defendant-CrossCourt of Appeals for the Federal Circuit · 1999
  3. Zenith Electronics Corporation, and Elo Touchsystems, Inc. v. Exzec, Inc.Court of Appeals for the Federal Circuit · 1999
  4. Hunter Douglas, Inc. v. Harmonic Design, Inc.Court of Appeals for the Federal Circuit · 1998
  5. Ultra-Precision Manufacturing, Ltd. v. Ford Motor Co.Court of Appeals for the Federal Circuit · 2005

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