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Sanctioned Chemical Co. Asks To Salvage IP Invalidity Claims
Law360 (June 29, 2021, 9:31 PM EDT) True Chemical Solutions has urged U.S. District Judge Alan Albright to let it argue that Performance Chemical Co. s patents tied to oil and gas delivery trailers are invalid, even if discovery misconduct doomed the company s infringement defenses.
In a Monday motion for reconsideration, True Chem said the misconduct that doomed its chance at beating PCCs infringement claims was completely unrelated to the invalidity counterclaims, and that there s a public benefit to letting the company pursue a meritorious invalidity case. Eliminating invalid patents benefits the public because, upon a finding of invalidity, the public is free to use the previously-patented subject matter.
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Oil Biz Slapped With Death-Penalty Sanction In Patent Case
Law360 (May 24, 2021, 4:46 PM EDT) U.S. District Judge Alan Albright on Friday permanently enjoined True Chemical Solutions from infringing Performance Chemical Co. s oil and gas delivery trailer patents as punishment for concealing evidence that it installed automation technology in its trailers, and scheduled a damages trial for July.
Friday s order finalized and gave a detailed explanation for the Texas federal judge s April 6 decision to sanction True Chem by putting it on the hook for willful infringement and attorney fees without trial. Judge Albright said it appears that True Chem altered its trailers for a court-ordered inspection and instructed employees to lie about the use of.
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After canceling the trial and ordering a preliminary
injunction, Judge Albright granted plaintiff Performance
Chemical Company s (PCC) motion for death penalty
sanctions against defendant True Chemical Solutions (True
Chem) for its egregious discovery abuses. The Court struck True
Chem s noninfringement defense and invalidity counterclaims,
found that True Chem willfully infringed, entered a permanent
injunction to prevent True Chem from continuing its infringing
activity, and awarded attorneys fees to PCC. But rather than
accepting PCC s damages figure, the Court ordered a trial
solely on the question of damages. During the hearing, Judge