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E.I. DU PONT DE NEMOURS & CO. v. PHILLIPS PETRO. CO.

Appeal Nos. 87-1259, 87-1284.

849 F.2d 1430 (1988)

E.I. DU PONT de NEMOURS & COMPANY, Plaintiff-Appellant, v. PHILLIPS PETROLEUM COMPANY, Phillips 66 Company, and Phillips Driscopipe, Inc., Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

June 15, 1988.

Attorney(s) appearing for the Case

John O. Tramontine, Fish & Neave, New York City, argued, for plaintiff-appellant. With him on the brief, were Edward F. Mullowney, Glenn A. Ousterhout and Thomas J. Vetter.

Philip S. Beck, Philip C. Swain, Kirkland & Ellis, Chicago, Ill., argued, for defendants-cross-appellants. With him on the brief, were Harry J. Roper and George S. Bosy, Neuman, Williams, Anderson and Olson, Chicago, Ill.

Before BISSELL, Circuit Judge, and MILLER, Senior Circuit Judge.

BISSELL, Circuit Judge.

E.I. du Pont de Nemours & Company ("Du Pont") appeals from a judgment of the United States District Court for the District of Delaware, see E.I. du Pont de Nemours & Co. v. Phillips Petroleum Co., 656 F.Supp. 1343, 2 USPQ2d 1545 (1987), that Du Pont failed to prove that the infringement of claims 1, 2, 5, 10, 12 and 14 of its U.S. Patent No. 4,076,698 ('698) was willful. Phillips Petroleum...

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