SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): November 18, 1993
THE LUBRIZOL CORPORATION
Ohio 1-5263 34-0367600
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
29400 Lakeland Boulevard, Wickliffe, Ohio 44092
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code 216-943-4200
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Item 5. Other Events
On November 18, 1993, a federal court jury in Houston, Texas, awarded Exxon
Corporation $48 million in damages in a case brought in 1989 against The
Lubrizol Corporation for alleged infringement of a patent pertaining to an
oil-soluble copper additive component. The damage award relates to a
December 1992 jury verdict that Lubrizol infringed the Exxon patent by
selling lubricant additive packages containing the copper component between
September 1989 and January 1993. The findings of infringement and validity,
as well as an $18.1 million attorneys' fee award, are on appeal to the United
States Court of Appeals for the Federal Circuit in Washington, D.C., which
has jurisdiction over all patent cases. Oral argument on the original trial
verdict was held on December 6, 1993, and a decision is expected in 1994.
The damages award can be increased to an amount not more than three times the
jury verdict in the trial court's discretion and is appealable to the same
United States Court of Appeals. Lubrizol continues to believe that it has
not infringed the Exxon patent and that the patent is invalid. Based on the
advice of legal counsel, Lubrizol believes that the trial court judgment will
not be upheld on appeal. Therefore, no provision for damages or the
attorneys' fees award has been made in the Company's financial statements.
Lubrizol has prevailed in a separate case brought in Canada against Exxon's
Canadian affiliate, Imperial Oil, Ltd., for infringement of Lubrizol's patent
pertaining to dispersant, the largest additive component used in motor oils.
A 1990 trial court verdict in favor of Lubrizol regarding the issue of
liability was upheld by the Federal Court of Appeals of Canada in December
1992, and in October 1993, the Supreme Court of Canada dismissed Imperial
Oil's appeal of the Court of Appeals decision. The case now will return to
the trial court for an assessment of damages, which Lubrizol believes will
take 9 to 12 months.
THE LUBRIZOL CORPORATION
/s/John R. Ahern
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John R. Ahern
Chief Accounting Officer and
Duly Authorized Signatory of
The Lubrizol Corporation
January 10, 1994
