Mobil Oil Corporation v. Filtrol Corporation and Texaco Inc., Mobil Oil Corporation v. Filtrol Corporation and Texaco Inc.
Opinion
Opinion
James Carter, J.
Before CHAMBERS, CARTER and GOODWIN, Circuit Judges.
In this patent case the district court held that certain claims of Mobil’s U.S. Patents 3,210,267, 3,436,357 and 3.459.680 were valid and not infringed by either Filtrol or Texaco, and dismissed Filtrol’s counterclaim for misuse of patents and damages.
Mobil has abandoned its appeal from the judgment of non-infringement as to Patent 3,210,267 (hereafter # ’267) and as to claim 1 of Patent 3,436,357 (hereafter # ’357). There remains Mobil’s appeal from the judgment of non-infringement as to claims 17 and 24 of # ’357 and claims 10, 11 and 12 of Patent 3.459.680 (hereafter # ’680).
In Appeal No. 71-2559, Mobil appeals from the amended judgment of August 17, 1971, holding Patents # ’357 and # ’680 not infringed.
In Appeal No. 71-2560, Filtrol and Texaco cross-appeal from the amended judgment of August 17, 1971, holding # ’267, # ’357 and # ’680 valid; and Fil-trol cross-appeals from the amended judgment of August 17, 1971, dismissing with prejudice its counterclaim - for patent misuse and damages.
The questions presented are:
1. Appeal No. 71-2559: Did the district court err in holding the patents not infringed ?