Rival's Sham Patent Suits Didn't Shutter Co., Judge Says

Law360 (April 13, 2020, 8:34 PM EDT) -- A shuttered water-heating company servicing fracking projects cannot accuse a rival of driving it out of business with threats of sham patent litigation because the threat didn't actually force it to shut down and the closed firm waited too long to file suit, a Texas federal judge ruled Monday.

U.S. District Judge Reed O'Connor granted Phoenix Services LLC and its CEO, Mark H. Fisher, summary judgment against the antitrust lawsuit alleging Phoenix subsidiary Heat On-The-Fly obtained a patent only by misleading the U.S. Patent and Trademark Office, then used it against the competition.

Heat On-The-Fly, or HOTF, didn't actually drive plaintiff...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!