Liquidpower Specialty Products v. Baker Hughes, A GE Company

  • Oct 22 2018
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  • Category: CAFC Updates

LiquidPower appeals the final written decision on inter partes review of the PTAB holding certain claims of U.S. Patent No. 8,022,118 (relating to high molecular weight drag reducing polymers for use in heavy, asphaltenic crude oil or “HAC”) unpatentable for obviousness over three prior art references. The CAFC finds that the Board erred by declining to consider LiquidPower’s objective evidence of nonobviousness, (the Board found that LiquidPower did not establish it was entitled to a presumption of nexus) because LiquidPower submitted evidence: 1) of commercial success driven by the claimed features of the ’118 patent, including its ability to reduce drag in HAC; 2) that LiquidPower’s commercial product (ExtremePower) was recognized in the industry as a pioneering technological breakthrough; and 3) that there was a longfelt but unsolved need for improvements to the transportation of heavy crude oils through a pipeline.  Accordingly, the CAFC vacates and remands.

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