"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential ruling in Magema Technology LLC v. Phillips 66, reversing the district court's denial of a new trial and remanding . The CAFC agreed with the district court's finding that defendants Phillips 66, Phillips 66 Co., and WRB Refining LP's noninfringement theory was "improper and prejudicial," but disagreed that it was harmless error."
"Magema's U.S. Patent No. 10,308,884 formulates a high-sulfur residual heavy marine fuel oil (HMFO) compliant with International Organization for Standardization (ISO) 8217 with sulfur content greater than 0.50 percent, then exposing that fuel to hydrogen at elevated temperatures and pressures to promote chemical change into a low-sulfur HMFO that complies with the International Maritime Organization (IMO) Sulfur Cap. The court explained that residual heavy marine fuel oil is used to power ocean-going cargo ships."
The Federal Circuit reversed and remanded the denial of a new trial in Magema Technology LLC v. Phillips 66, finding defendants' noninfringement theory improper, prejudicial, and not harmless error. U.S. Patent No. 10,308,884 describes formulating a high-sulfur residual heavy marine fuel oil (HMFO) compliant with ISO 8217, then hydroprocessing it with hydrogen at elevated temperatures and pressures to produce a low-sulfur HMFO that meets the IMO Sulfur Cap. Claims require that prior to hydroprocessing the HMFO complies with ISO 8217:2017 yet has sulfur content greater than 0.5 wt%. Discovery included a dispute over where to test HMFO flashpoint at Phillips' Bayway Refinery.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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