EXXON CORP. v. PHILLIPS PETROLEUM CO.

Nos. 00-1173, 00-1174.

265 F.3d 1249 (2001)

EXXON CORPORATION (now Exxon Mobil Corporation) and Exxon Chemical Patents, Inc., Plaintiffs-Appellants, v. PHILLIPS PETROLEUM COMPANY, Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: September 20, 2001.


Attorney(s) appearing for the Case

E. Edward Bruce, Covington & Burling, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Christopher N. Sipes.

S. Leslie Misrock, Pennie & Edmonds LLP, of New York, NY, argued for defendant-cross appellant. Of counsel on the brief were Stanton T. Lawrence III, Paul J. Zegger, and Carl P. Bretscher, Pennie & Edmonds LLP, of Washington, DC; and Roy W. Hardin, Locke Liddell & Sapp LLP, of Dallas, TX. Of counsel was Wayne Fisher, Fisher, Boyd, Brown, Boudreaux & Huguenard, L.L.P., of Houston, TX.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

Exxon Mobil Corporation and Exxon Chemical Patents (together "Exxon") appeal the judgment of invalidity of United States Patent No. 5,324,800 (the '800 patent) on the ground of anticipation.1 Phillips Petroleum Company has filed a conditional cross appeal on the issue of interference estoppel. We reverse the judgment of invalidity, affirm the ruling on the cross appeal, and remand for further proceedings...

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