Shell Oil Company v. Amoco Corporation
Court of Appeals for the Federal Circuit
1Opinion of the Court
LOURIE, Circuit Judge.
Shell Oil Company appeals the judgment of the United States District Court for the Southern District of Texas, No. H-90-3949 (May 16, 1991), dismissing its action under the Declaratory Judgment Act, 28 U.S.C. § 2201 (1988), against Amoco Corporation, for lack of a justiciable controversy. We affirm.
BACKGROUND
Amoco owns U.S. Patent 4,540,679 entitled “Magnesium Hydrocarbyl Carbonate Supports,” which claims a composition, and a method of preparing the composition, comprising a transition metal component and a magnesium hydrocarbyl carbonate support. Shell manufactures…
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