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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : ...o0o...

EMERGENCY FUEL, LLC, et al., v. PENNZOIL-QUAKER STATE CO.

CIVIL NO. CCB-00-CV-156

MEMORANDUM Now pending before this Court is a motion by Defendant, Pennzoil-Quaker State Co. ("Pennzoil"), for summary judgment on all counts of the complaint in this patent case. Plaintiffs, Emergency Fuel, LLC, Spare Tank, LLC, William Hubbard, Reginald Spencer, and Leonard Bloom filed suit alleging that Pennzoil's "Rescue" product infringes four patents held by the plaintiffs covering an emergency fuel called "Spare Tank." The motions have been fully briefed and oral argument was held on January 18, 2002. For the reasons that follow, the court will grant the defendant's motion. I. The plaintiffs own four patents that, in general terms, cover an emergency fuel that provides for the clean and smooth operation of an internal combustion engine, that is able to be stored in a vehicle for a long period, and is to be used when the vehicle is out of fuel. The four patents are United States patent 5,681,358 ("`358"), United States patent 5,938,799 ("`799"), United States patent 6,110,237 ("`237"), and United States patent 6,113,660 ("`660"). With some variations, each patent covers a fuel that: (1) is comprised essentially of mineral spirits; (2)

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Maryland Law