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As amended July 27, 2001

Appealed from: United States District Court for the Eastern District of Michigan Judge Victoria A. Roberts

This is a patent infringement action. The Dow Chemical Company (“Dow”) is the assignee of United States Patent No. 4,499,255 (“the ’255 patent”), which is directed to a process for making high-purity epoxy resins. In 1996, Dow brought this patent infringement action against Sumitomo Chemical Company, Ltd. and Sumitomo Chemical America, Inc. (collectively “Sumitomo”), alleging that certain processes used by Sumitomo infringe the ’255 patent. On June 20, 2000, the United States District Court for the Eastern District of Michigan (“district court”) determined that certain limitations required by claim 1 of the ’255 patent are not present in Sumitomo’s processes either literally or under the doctrine of equivalents, and granted Sumitomo’s motion for summary judgment of noninfringement. Dow Chem. Co. v. Sumitomo Chem. Co., No. 96-10330, slip. op. at 7-8, 25 (E.D. Mich. June 20, 2000). Dow appeals that judgment.

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