Fed. Circ. Ruling Breathes New Life Into Fracking Patent

By Andrew Karpan (July 23, 2021, 8:10 PM EDT) -- The Federal Circuit on Friday gave a U.S. Silica subsidiary another chance to save claims in a hydraulic fracking technology patent it licenses that had been axed by the Patent Trial and Appeal Board as obvious.

In an unsigned 18-page opinion, the court picked apart a 2019 PTAB ruling on claims in an Oren Technologies LLC patent for a sidewall-supported hydraulic fracturing proppant container, which had been successfully challenged by Denver-based fracking business Proppant Express Investments LLC. Oren licenses the patents to SandBox Logistics LLC, a U.S. Silica Holdings Inc. unit based in Houston that has been named as the real...

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