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Rosaire v. Baroid Sales Division

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


Two patents were issued to Rosaire (plaintiff) and Horvitz for a method of prospecting for oil and other hydrocarbons, by sampling and treating soil to evolve the hydrocarbons as gas, and then measuring the amount of gas evolved from each location. Rosaire claimed that he and Horvitz discovered the method in 1936. Rosaire filed suit against Baroid Sales Division (Baroid) (defendant), alleging infringement of the patents. Baroid argued that Rosaire’s patents were invalid because Abraham Teplitz and his coworkers at Gulf Oil Corporation (Gulf) knew of the same prospecting method and extensively used the method in fieldwork between 1935 and 1936, prior to the issuance of Rosaire’s patents. It was established that Teplitz spent extended time on location collecting and testing samples according to the method, until a time in 1936 when Gulf suspended its gas prospecting program to allow for review of the experimental test results. Rosaire conceded that Teplitz discovered and used the method first, but contended that Rosaire was nevertheless entitled to the patent because neither Teplitz nor Gulf applied for a patent for the method until 1939, did not publish any information on the method, and did not formally provide the benefit of the method or completed experimental work to the public. The trial court found Rosaire’s patents to be invalid and void. Rosaire appealed.

Rule of Law


Holding and Reasoning (Tuttle, J.)

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