DOW CHEMICAL CO. v. SUMITOMO CHEMICAL CO.

No. 00-1441

257 F.3d 1364 (2001)

The Dow Chemical Company, Plaintiff-Appellant, v. Sumitomo Chemical Company, Ltd. and Sumitomo Chemical America, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided July 25, 2001


Attorney(s) appearing for the Case

Willem G. Schuurman, Vinson & Elkins L.L.P., of Austin, Texas, argued for plaintiff-appellant. With him on the brief were, David P. Blanke, Adam V. Floyd, and Gregory L. Porter. Of counsel on the brief was, Gwendolyn J. Samora, Vinson & Elkins L.L.P., of Houston, Texas. Also of counsel on the brief were Bruce M. Kanuch, and Joe Prieto, The Dow Chemical Company, Office of Patent Counsel, of Midland, Michigan.

Kenneth J. Burchfiel, Sughrue, Mion, Zinn, Macpeak & Seas, PLLC, of Washington, DC, argued for defendants-appellees. With him on the brief were, J. Frank Osha, Brett S. Sylvester, John T. Callahan, and Mary E. Goulet.

Before CLEVENGER, RADER, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

This is a patent infringement action. The Dow Chemical Company ("Dow") is the assignee of United States Patent No. 4,499,255 ("the '255 patent"), which is directed to a process for making high-purity epoxy resins. In 1996, Dow brought this patent infringement action against Sumitomo Chemical Company, Ltd. and Sumitomo Chemical America, Inc. (collectively "Sumitomo"), alleging that certain processes used by Sumitomo infringe the '255 patent...

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