Intellectual Property Keyed to Merges
Rosaire v. National Lead Co.
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Rosaire (Plaintiff) claimed to have invented a new method for oil prospecting and held two patents that National Lead Co. (Defendant) had allegedly infringed. Defendant argued that the patents were invalidated because Teplitz for Gulf Oil had known and used the alleged inventions extensively before the date that Plaintiff first conceived the invention. Plaintiff claimed that Teplitz’s work was a failed experiment that was not published or patented and therefore did not give the public the benefit of the experimental work. The trial court found that the work by Teplitz was a successful and adequate field trial of the prospecting method involved and a reduction to practice of that method. The trial court therefore held that the two patents involved in the litigation were invalid and void and that there had been no infringement by National Lead (Defendant). Rosaire (Plaintiff) appealed.
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