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Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 09-1556

By FindLaw Staff on August 20, 2010 12:43 PM

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., 09-1556, involved Transocean's suit for infringement of its patents, related to an improved apparatus for conducting offshore drilling.  The court affirmed in part, the the district court's holding of summary judgment of no willfulness.  The court reversed in part district court's grant of summary judgment relating to obviousness and enablene, because there remain genuine issues of material fact regarding objective evidence of nonobviousness and undue experimentation.  Lastly, because the contract between defendant and a Norwegian company is both an offer to sell and a sale, district court's summary judgment of noninfringement is vacated and remanded for further findings of infringement based on the rig that was the subject of the contract.

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