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Rosaire v. Baroid Sales Div.

United States Court of Appeals for the Fifth Circuit
218 F.2d 72 (1955)


Esme Rosaire (plaintiff) was issued a patent for a method of oil prospecting. This method involved measuring the levels of hydrocarbons trapped in soil samples taken near oil deposits. Baroid Sales Division (Baroid) (defendant) began using Rosaire’s prospecting method without obtaining a license. Rosaire sued Baroid for patent infringement. The trial court ruled in favor of Baroid, finding that Rosaire’s patent was invalid because the prospecting technology was anticipated, which means it was not novel, and was already known and used by others prior to the patent’s prosecution. Specifically, an employee of Gulf Oil Corporation named Teplitz openly demonstrated and used the prospecting method patented by Rosaire a year before Rosaire claimed to have invented it. Rosaire appealed.

Rule of Law


Holding and Reasoning (Tuttle, J.)

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