Union Oil Co. of California v. Atlantic Richfield Co.

PHASE III: MEMORANDUM OF DECISION SETTING FORTH THE COURT’S FACTUAL FINDINGS AND CONCLUSIONS OF LAW

The above-entitled action having come on for trial before the Court from December 16, 1997 through December 19, 1997, of the separate and independent affirmative defense of inequitable conduct, and it having been argued and submitted, the Court now renders its Findings of Fact and Conclusions of Law pursuant to Federal Rule of Civil Procedure 52(a) in support of judgment for the Plaintiff:

Plaintiff Union Oil Company of California (“Union Oil”) is the holder of United States Patent 5,288,393 (“ ’393 Patent”), dated February 22, 1994. The patent, entitled “Gasoline Fuel”, claims compositions producing an unleaded automotive fuel to reduce polluting emissions. In prior phases of this trial, the Court construed the patent (Order dated May 19, 1997), and a jury found that it was valid and infringed by Defendants Atlantic Richfield Company, Chevron USA, Inc., Exxon Corporation, Mobil Oil Corporation, Shell Oil Products Company and Texaco Refining and Marketing, Inc. (collectively “Defendants”). The jury further awarded a reasonable royalty rate for a defined period of infringement. The…