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...

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