Legal Opinion

Shell Oil Company v. Amoco Corporation

Court of Appeals for the Federal Circuit

Decided July 28, 1992No. 91-1364PublishedCited by 77 opinions

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…

2Cases cited4 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Arrowhead Industrial Water, Inc. v. Ecolochem, Inc.Court of Appeals for the Federal Circuit · 1988
  3. Jervis B. Webb Company v. Southern Systems, Inc.Court of Appeals for the Federal Circuit · 1984
  4. The Goodyear Tire & Rubber Company v. Releasomers, Inc.Court of Appeals for the Federal Circuit · 1987

3Cited by77 opinions

  1. Bp Chemicals Limited v. Union Carbide CorporationCourt of Appeals for the Federal Circuit · 1993
  2. EMC Corp. v. Norand Corp.Court of Appeals for the Federal Circuit · 1996
  3. Phillips Plastics Corporation v. Kato Hatsujou Kabushiki KaishaCourt of Appeals for the Federal Circuit · 1995
  4. Capo, Inc. v. Dioptics Medical Products, Inc.Court of Appeals for the Federal Circuit · 2004
  5. Vanguard Research, Inc. v. Peat, Inc.Court of Appeals for the Federal Circuit · 2002

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