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Federal Circuit Won’t Halt Fracking Patent Trial For Board Look

Sept. 28, 2020, 5:23 PM

A patent lawsuit against Sand Revolution LLC will go forward in a West Texas federal court after the Federal Circuit refused to order a pause for a patent office validity review.

The U.S. Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus from Sand challenging U.S. District Judge Alan Albright’s decision not to put the lawsuit on hold after the Patent Trial and Appeal Board agreed to review Continental Intermodal Group-Trucking LLC’s patent.

Unlike some district court judges, Albright has been reluctant to pause lawsuits while the PTAB reviews a patent. Albright denied Sand’s...

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