Talbert Fuel Systems Patents Co. v. Unocal Corp., Union Oil Company of California, and Tosco Corp., 98-0412 CBM (RNBx)

The firm successfully defended Tosco Corp. in a patent infringement lawsuit brought by Talbert Fuel Systems Patents Co. The patent at issue related to automobile gasoline compositions having certain characteristics that were asserted to result in reduced emissions without sacrificing key gasoline performance parameters. Tosco, now owned by Conoco-Phillips, is a leading manufacturer of petroleum products, including reduced emission gasoline compositions that were alleged to infringe the patent. Early in the case, Tosco obtained a favorable claim construction ruling and moved for summary judgment of noninfringement. Talbert conceded that there was no literal patent infringement under the district court's claim construction. The district court concluded that there also was no infringement of the patent under the doctrine of equivalents and granted Tosco's motion for summary judgment in its entirety. Tosco had sold, and was continuing to sell, millions of gallons of the accused gasoline annually. The district court's claim construction and judgment of noninfringement were both affirmed on appeal. The successful result in this case not only avoided payment of substantial royalties sought by Talbert, but also prevented the issuance of a devastating injunction. Published decision at 347 F.3d 1355 (Fed. Cir. 2003). Published prior decision at 275 F.3d 1371 (Fed. Cir. 2002).

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