No. 99-1421.

275 F.3d 1371 (2002)

TALBERT FUEL SYSTEMS PATENTS CO., Plaintiff-Appellant, v. UNOCAL CORPORATION, Union Oil Company of California, Defendants-Appellees, and Tosco Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 8, 2002.

Attorney(s) appearing for the Case

Arthur R. Miller, Acreeda Hall 225, Harvard Law, of Cambridge, MA, argued for plaintiff-appellant. Of counsel on the brief were Melvyn I. Weiss, and Deborah M. Sturman, Milberg Weiss Bershad Hynes & Lerach LLP, of New York, NY. Of counsel were Ronald L. Engel, Johnson & Bell, of Chicago, IL; and William E. Johnson, of Los Angeles, CA.

David W. Beehler, Robins, Kaplan, Miller & Ciresi, LLP, of Minneapolis, MN, argued for defendants-appellees Unocal Corporation and Union Oil Company of California. With him on the brief were Tracy A. Sykes, and Diane L. Simerson.

Craig S. Summers, Knobbe, Martens, Olson & Bear, LLP, of Newport Beach, CA, argued for defendant-appellee Tosco Corporation. With him on the brief were James F. Lesniak, John P. Giezentanner, and William R. Zimmerman.

Before PAULINE NEWMAN, MICHEL, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Talbert Fuel Systems Patents Co. is the owner of United States Patent No. 5,015,356 (the '356 patent) entitled "Hydrocarbon Fuel Systems," inventor William Talbert. Defendant Union Oil Company of California (herein "Unocal" collectively with Unocal Corporation) owns United States Patent No. 5,288,393 (the '393 patent) entitled "Gasoline Fuel." Defendant Tosco is licensed under the '393 patent. Talbert appeals the district court's grant...

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