Phillips Petroleum Company v. Huntsman Polymers Corporation, and Aristech Chemical Corporation

157 F.3d 866, 48 U.S.P.Q. 2d (BNA) 1161, 1998 U.S. App. LEXIS 23349, 1998 WL 644917
CourtCourt of Appeals for the Federal Circuit
DecidedSeptember 22, 1998
Docket97-1218
StatusPublished
Cited by61 cases

This text of 157 F.3d 866 (Phillips Petroleum Company v. Huntsman Polymers Corporation, and Aristech Chemical Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips Petroleum Company v. Huntsman Polymers Corporation, and Aristech Chemical Corporation, 157 F.3d 866, 48 U.S.P.Q. 2d (BNA) 1161, 1998 U.S. App. LEXIS 23349, 1998 WL 644917 (Fed. Cir. 1998).

Opinions

Opinion for the court filed PER CURIAM. Concurring opinion filed by Circuit Judge NEWMAN.

PER CURIAM.

This appeal is from a final judgment of the United States District Court for the Southern District of Texas in a patent infringement suit, Phillips Petroleum Co. v. El Paso Prods. Co., No. H-86-3241 (S.D.Tex. Dec. 23, 1996). Phillips Petroleum Company (Phillips) is the assignee of U.S. Pat. Nos. 3,970,-719 (’719 patent) and 4,039,632 (’632 patent), relating to novel block copolymer compositions and a method for preparing the compositions. Huntsman Polymers Corporation. (Huntsman) and Aristech Chemical Corporation (Aristech) produce competing polymer products.1 Phillips sued Huntsman and Aris-tech for infringement of the ’719 and ’632 patents. After receiving recommendations from a Special Master, the district court adopted the findings of the Special Master, denied Phillips’ motion for partial summary judgment of infringement, and granted Aris-tech’s and Huntsman’s motion for summary judgment of noninfringement. On appeal, Phillips challenges the district court’s claim construction and its rulings on literal in[868]*868fringement and infringement under the doctrine of equivalents. We affirm.

BACKGROUND

I.

Only claims 1 and 2 of the ’719 patent are at issue on appeal. The ’719 patent application was filed on January 16, 1958 by inventor James T. Edmonds, Jr. (Edmonds). The patent issued on July 20,1976 and is entitled “Preparation of Block Copolymers.”

The ’719 patent is generally directed to “block copolymers” and methods related to the production thereof. “Block copolymers” are a type of polymer. Polymer blocks are formed from polymer molecules, which are formed by chemically linking or bonding together smaller molecules, called monomers, to form chain-like molecules. Depending on the nature of the monomers, the polymer may be characterized as a homopolymer or a copolymer. When the monomers are of a single chemical species, the polymer is termed a homopolymer;2 when the monomers are of varied chemical species, the polymer is termed a copolymer.3 A “block copo-lymer” is a polymer typically comprised of linked blocks of homopolymers, copolymers, or a mixture thereof.4

Polymers may exist in several forms, including straight chains, blends, and grafts. In a straight chain, the polymer blocks are bonded end to end. In a blend, the polymer blocks are physically combined rather than chemically bonded. In a graft copolymer, various polymer blocks are attached to form a branched polymer.5

Block copolymers often exhibit physical properties distinct from those of the individual monomer or copolymer blocks of which they are composed. The block copolymers claimed in the ’719 patent are characterized by excellent tensile and impact strength relative to other polymers composed of the same monomers. See ’719 patent, col. 4,11. 19-26. This renders them particularly useful in applications that require solid plastics with these characteristics, i.e., bottles and various pipes and tubes. See id. at col. 9, 11. 36-41.

The parties stipulated that claims 1 and 2 of the ’719 patent were representative of the infringement issues. See Phillips Petroleum Co. v. Rexene Prods. Co., No. H-87-3445, slip op. at 3 (Recommendations of the Special Master Sept. 30, 1991) (hereinafter “Recommendations ”). Claims 1 and 2 of the ’719 patent read:

A block copolymer comprising a first polymer block of a homopolymer of propylene and ajacent [sic] thereto a second polymer block of a copolymer of ethylene and propylene.
A process of preparing block copolymers from ethylene and propylene monomers, [869]*869which comprises alternately polymerizing one of said monomers and a mixture of said monomers in the presence of a catalyst comprising a titanium halide and an aluminum alkyl compound.

The claimed invention is directed to a straight chain polymer, “wherein alpha-ole-fins and/or mixtures of alpha-olefins are alternately polymerized in the presence of a catalyst of titanium halide and an aluminum alkyl compound.”6 ’719 patent, Abstract.

The polymerization process frequently requires a catalyst.7 Catalysts provide an “active site,” allowing polymer chains to grow by a process called “insertion.” Insertion refers to the addition of a monomer or copolymer unit into the polymer chain. Polymer chains attached to an active site are referred to as “live” polymer chains. Polymer chains which are no longer attached to an active site are referred to as “dead” polymer chains because they are no longer capable of growth.

■The ’719 patent describes a multi-step polymerization process for linking one alpha-olefin block to a second alpha-olefin block through a series of reactions. See id. at col. 1, 11. 37-49. The result is a final polymeric product “made up of blocks or segments, each of which is substantially a homopolymer of one of the olefins employed in the process.” Id. at col. 1, 11. 33-35. The flexible nature of the process allows for “block copo-lymers formed of homopolymers of two different aliphatic 1-olefins as well as a block copolymer in which the individual polymer blocks are homopolymers and copolymers or copolymers only.” Id. at col. 1, 11. 51-54.8 The resulting block copolymers have the desired characteristics, i.e., the appropriate tensile and impact strength.

The alleged infringers, Aristeeh and Huntsman, both operate manufacturing plants that produce impact grade polypropylene products using multi-step polymerization processes. See Recommendations at 6. In the first step, propylene is polymerized in the presence of a catalyst and hydrogen in a “homopolymer reactor” to produce a homo-polymer, polypropylene. See id. Hydrogen is used to terminate chain growth. See id. The dead homopolymer propylene chains then are transferred to a “copolymer reactor,” where a mixture of ethylene and propylene is polymerized in the presence of a catalyst to form random copolymers. See id. This process yields a mixture of polypropylene homopolymer molecules and random ethylene and propylene copolymer molecules.

II.

On March 8, 1984, Phillips filed suit against Huntsman in the United States District Court for the Northern District of Illinois, alleging inter alia willful infringement of the ’719 patent. Subsequently, on November 4, 1987, Phillips filed suit against Aris-tech in the United States District Court for the Southern District of Texas, making the same allegations. Both defendants answered the complaints and raised affirmative defenses, and Huntsman counterclaimed, asserting inter alia that it had not infringed the ’719 patent and that the patent was invalid and unenforceable.9 On May 5, 1987, Phillips’ action against Huntsman was consolidated with its pending suit against Shell Oil Company in the Southern District of Texas, pur[870]*870suant to Fed.R.Civ.P. 42(a).10 On March 14, 1988, Phillips’ action against Aristech was consolidated with its suit against Huntsman.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Printeron Inc. v. Breezyprint Corp.
93 F. Supp. 3d 658 (S.D. Texas, 2015)
MiTile, Ltd. v. Hasbro, Inc.
984 F. Supp. 2d 525 (E.D. Virginia, 2013)
Apple, Inc. v. Samsung Electronics Co.
877 F. Supp. 2d 838 (N.D. California, 2012)
Parker-Hannifin Corp. v. Wix Filtration Corp.
560 F. Supp. 2d 950 (E.D. California, 2008)
Intex Recreation Corp. v. Team Worldwide Corp.
541 F. Supp. 2d 113 (District of Columbia, 2008)
Exotics Hawaii-Kona, Inc. v. E.I. Du Pont De Nemours & Co.
172 P.3d 1021 (Hawaii Supreme Court, 2007)
RESPIRONICS, INC. v. Invacare Corp.
511 F. Supp. 2d 587 (W.D. Pennsylvania, 2007)
Howmedica Osteonics Corp. v. Tranquil Prospects, Ltd.
482 F. Supp. 2d 1045 (N.D. Indiana, 2007)
Duhn Oil Tool, Inc. v. Cooper Cameron Corp.
474 F. Supp. 2d 1148 (E.D. California, 2007)
Chiron Corp. v. SourceCF Inc.
431 F. Supp. 2d 1019 (N.D. California, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
157 F.3d 866, 48 U.S.P.Q. 2d (BNA) 1161, 1998 U.S. App. LEXIS 23349, 1998 WL 644917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-petroleum-company-v-huntsman-polymers-corporation-and-aristech-cafc-1998.