Fed. Circ. Told Arthrex Fix Gives 'Only A Speculative Benefit'

By Britain Eakin (July 28, 2021, 3:59 PM EDT) -- DynaEnergetics has said it doesn't want a Patent Trial and Appeal Board decision invalidating the original claims in its fracking patent remanded to the board for review by the U.S. Patent and Trademark Office director under the U.S. Supreme Court's Arthrex ruling.

DynaEnergetics Europe GmbH told a three-judge appeals panel it was waiving its right for an Arthrex remand in a supplemental brief filed July 23 in an appeal brought by Hunting Titan Inc., which brought the challenge to the patent at the PTAB after DynaEnergetics sued for infringement. The board's decision invalidated the original claims and denied DynaEnergetics' motion to...

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