Nos. 93-1275, 94-1309.

64 F.3d 1553 (1995)

EXXON CHEMICAL PATENTS, INC., Exxon Corporation and Exxon Research and Engineering Co., Plaintiffs-Appellees, v. LUBRIZOL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 1, 1995.

Attorney(s) appearing for the Case

William C. Slusser, Baker & Botts, L.L.P., Houston, Texas, and Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for plaintiffs-appellees. With them on the brief were Lawrence F. Scinto, Hugh C. Barrett, Fitzpatrick, Cella, Harper & Scinto, New York, New York, Thomas Gibbs Gee, Lee L. Kaplan, and David Hricik, Baker & Botts, L.L.P., Houston, Texas, and George E. Glober, Jr., Exxon Chemical Co., Houston, Texas and Allen M. Sokal, Finnegan, Henderson, Farabow & Garrett, Washington, D.C.

S. Leslie Misrock, Pennie & Edmonds, New York, New York, and Timothy B. Dyk, Jones, Day, Reavis & Pogue, Washington, D.C., argued for defendant-appellant. With them on the brief were George J. Moscarino, John W. Edwards, II, Jones, Day, Reavis & Pogue, Cleveland, Ohio, Stanton T. Lawrence, III, Paul J. Zegger, Pennie & Edmonds, New York, New York, and Kenneth R. Adamo, Jones, Day, Reavis & Pogue, Dallas, Texas.

Before NIES, PLAGER, and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

Lubrizol Corporation (Lubrizol) appeals the February 5, 1993 judgment of the United States District Court for the Southern District of Texas, Houston Division, inter alia holding that U.S. Patent No. 4,867,890 assigned to Exxon Chemical Patents, Inc. (Exxon) is not invalid under 35 U.S.C. § 102 or § 103 (1988) and is enforceable, and that Lubrizol willfully infringed the claims of...

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