Unocal motion for infringement accounting in RFG patent case granted
El Segundo, Calif., Oct. 10, 2001 - Unocal Corporation (NYSE: UCL) today said it had been informed that the U.S. District Court in Los Angeles has granted the company's motion for summary judgment requesting an accounting of infringement of its '393 cleaner burning gasoline patent by a group of five refiners.
Unocal's motion for summary judgment requested an accounting of infringement of Unocal's patent by the refiners for the period of Aug. 1, 1996, through Dec. 31, 2000, and damages of 5.75 cents per infringing gallon. The court did not make findings of the specific amount owed Unocal in its order.
Unocal expects a more detailed order, including specific damages, in the coming weeks.
The court also denied the defendant refiners' motions to stay the proceedings and vacate the accounting order.
In 1997, a jury in the U.S. District Court, Central District (Los Angeles) found the Unocal patent was valid and that the defendant companies had infringed on Unocal's patent. The jury awarded damages of 5.75 cents per infringing gallon. Unocal received a payment of $69 million plus accrued interest and some attorneys' fees in June 2000 for infringement from March 1, 1996, to July 31, 1996. About 29 percent of the RFG gasoline manufactured by the defendants during that period infringed on the '393 patent.
The jury decision was upheld by the Federal Circuit Court of Appeals in May 2000. Earlier this year, the U.S. Supreme Court declined to hear the case.
For more information about Unocal's cleaner burning gasoline patents, visit the company's special website report.
Updated: October 2001