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SHELL OIL CO. v. AMOCO CORP.

No. 91-1364.

970 F.2d 885 (1992)

SHELL OIL COMPANY, Plaintiff-Appellant, v. AMOCO CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 28, 1992.

Attorney(s) appearing for the Case

Albert M.T. Finch, Jr., of Shell Oil Co., Houston, Tex., argued for plaintiff-appellant. Of counsel was Keith M. Tackett.

Roland N. Smoot, of Lyon & Lyon, Los Angeles, Cal., argued for defendant-appellee.

Before ARCHER, Circuit Judge, SMITH, Senior Circuit Judge, and LOURIE, Circuit Judge.

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

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