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PHILLIPS PETROLEUM CO. v. SHELL OIL CO.

No. 11815.

166 F.2d 384 (1948)

PHILLIPS PETROLEUM CO. v. SHELL OIL CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 14, 1948.

Attorney(s) appearing for the Case

Louis D. Fletcher, of New York City, J. Arthur Young, of Bartlesville, Okl., and J. Vincent Martin, of Houston, Tex., for appellant.

Theodore S. Kenyon, of New York City, Benjamin B. Schneider, of Chicago, Ill., and Brady Cole and Garrett R. Tucker, Jr., both of Houston, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

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, and for other reasons. A counterclaim...

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