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STUDIENGESELLSCHAFT KOHLE, M.B.H. v. SHELL OIL CO.

No. 96-1079.

112 F.3d 1561 (1997)

STUDIENGESELLSCHAFT KOHLE, M.B.H., Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 27, 1997.

Attorney(s) appearing for the Case

Nathanial D. Kramer, Sprung Horn Kramer & Woods, Tarrytown, NY, argued, for plaintiff-appellant. With him on the brief was Arnold Sprung.

John D. Norris, Arnold, White & Durkee, of Houston, TX, argued, for defendant/cross-appellant. With him on the brief were John D. Norris and Russell L. Sandidge. Of counsel on the brief were A.M.T. Finch, Jr. and Dean F. Vance, Shell Oil Company, Houston, TX.

Before RADER, SCHALL, and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 27, 1997.

RADER, Circuit Judge,

The United States District Court for the Southern District of Texas determined that claims 1-6 and 14 of U.S. Patent No. 4,125,698 ('698 patent) are invalid, and that infringement of claim 13 by Shell Oil Company's (Shell) polypropylene operations and infringement of claims 7, 9-12, and 15 by Shell's polybutylene operations were not properly before the court. Studiengesellschaft...

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