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Dow unit wins appeals ruling in Shell patent case

Muzi Daily News: Dow unit wins appeals ruling in Shell patent case

“WASHINGTON – A federal appeals court on Monday upheld a patent infringement verdict against Shell Oil Co. in a case filed by Union Carbide, and it told a lower court to consider increasing the $153.6 million damage award in the case.”

Posted Tuesday 4 October 2005

WASHINGTON – A federal appeals court on Monday upheld a patent infringement verdict against Shell Oil Co. in a case filed by Union Carbide, and it told a lower court to consider increasing the $153.6 million damage award in the case.

The U.S. Court of Appeals for the Federal Circuit rejected an appeal by Shell and its subsidiary, Shell Chemical Co., which sought to overturn a jury verdict that it infringed a Union Carbide patent on chemical processes used to make ethylene oxide.

Union Carbide, a subsidiary of Dow Chemical Co. , issued a statement saying it was “pleased” with the decision.

Representatives of Shell Oil and Shell Chemical were not immediately available for comment. Shell Oil is the U.S. subsidiary of Royal Dutch Shell Plc.

Ethylene oxide is used in the process of manufacturing several products, such as ethylene glycol, polyester fibers, polyester bottles, polyester packaging and aircraft de-icing fluids.

The appeals court said there was “substantial evidence” to support the jury verdict.

It also agreed with Union Carbide that the district court had failed to take into account the value of Shell exports of chemical catalysts in reaching the damages figure, and it sent the case back for a new determination of damages.

United States Court of Appeals For the Federal Circuit Judgement: Union Carbide v Shell Oil Company

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