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Antitrust Suit Over Fracking Patent Headed for Appeal (Correct)

April 16, 2020, 4:37 PM; Updated: June 10, 2021, 4:38 PM

Chandler Manufacturing LLC, which specializes in heating large water tanks used for fracking, will ask the U.S. Court of Appeals for the Federal Circuit to revive claims that rival Phoenix Services LLC drove one of its products out of the market by asserting a bogus patent in bad faith.

Judge Reed F. O’Connor granted summary judgment earlier this week against Chandler, which has accused Phoenix of concealing the prior commercial use of a proprietary water heating system by its subsidiary Heat On-The-Fly LLC.

That prior use—before Phoenix acquired HOTF—should have triggered the “on-sale bar,” which makes inventions unpatentable when they’ve ...

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