Legal Opinion
Phillips Petroleum Co. v. Shell Oil Co.
Court of Appeals for the Fifth Circuit
Decided March 1, 1948No. 11815PublishedCited by 9 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
On Christmas Eve of 1941, Phillips Petroleum Company sued Shell Oil Company for infringement of claim 2 of Patent No. 2,002,394 issued in May, 1935, to plaintiff as assignee of the inventor Frey, seeking injunction and an accounting of profits and damages. The defendant denied 'infringement, and claimed the patent was void for lack of invention in view of the prior art, *385and for other reasons. A counterclaim was made for a declaratory judgment that the patent is void, and that the operations of defendant are no infringement and may be continued without interference. The…
2Cases cited3 opinions
- Price-Trawick, Inc. v. Gas Lift Corp.Court of Appeals for the Fifth Circuit · 1939
- Zenitherm Co. v. Art Marble Co. of AmericaCourt of Appeals for the Fifth Circuit · 1932
- Halliburton Oil Well Cementing Co. v. Schlumberger Well Surveying Corp.Court of Appeals for the Fifth Circuit · 1942
3Cited by9 opinions
- Foster Cathead Company v. Malvern M. Hasha and International Tool Company, Inc.Court of Appeals for the Fifth Circuit · 1967
- Phillips Petroleum Co. v. Esso Standard Oil Co.District Court, D. Maryland · 1950
- Arthur J. Schmitt Foundation v. Stockham Valves & Fittings, Inc.District Court, N.D. Alabama · 1966
- Phillips Petroleum Co. v. Esso Standard Oil Co.Court of Appeals for the Fourth Circuit · 1950
- Georgia Kaolin Co. v. Thiele Kaolin Co.Court of Appeals for the Fifth Circuit · 1955
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