Legal Opinion

Dow Chemical Company, Plaintiff/cross-Appellant v. United States

Court of Appeals for the Federal Circuit

Decided September 6, 2000No. 97-5035, 97-5038PublishedCited by 83 opinions

1Opinion of the Court

ARCHER, Senior Circuit Judge.

DECISION

The United States appeals the judgment of the United States Court of Federal Claims in favor of Dow Chemical Company (Dow) holding the United States liable for damages for patent infringement. Dow cross-appeals the amount of damages awarded. We affirm-in-part, reverse-in-part, vacate-in-part, and remand the case for further proceedings consistent with this opinion.

BACKGROUND

I. For many years the United States Bureau of Mines (government) sought solutions to the problem of subsidence of the land overlying depleted mines. In the early 1970s Dow developed an…

2Cases cited33 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  3. Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
  4. Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
  5. Pitney Bowes, Inc. v. Hewlett-Packard Company, Defendant-CrossCourt of Appeals for the Federal Circuit · 1999

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3Cited by83 opinions

  1. Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
  2. Metabolite Laboratories, Inc. And Competitive Technologies, Inc. v. Laboratory Corporation of America Holdings (Doing Business as Labcorp)Court of Appeals for the Federal Circuit · 2004
  3. Wenger Manufacturing, Inc. v. Coating MacHinery Systems, Inc. And Vector CorporationCourt of Appeals for the Federal Circuit · 2001
  4. Kinik Company v. International Trade Commission, and Minnesota Mining and Manufacturing Company and Ultimate Abrasive Systems, L.L.C., IntervenorsCourt of Appeals for the Federal Circuit · 2004
  5. Westlands Water District v. United StatesUnited States Court of Federal Claims · 2013

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