The U.S. Patent Trial and Appeal Board (PTAB) provided Downing Wellhead Equipment a decisive win in its dispute with competitor Intelligent Wellhead Systems (IWS), upholding all 38 claims of a key hydraulic fracturing patent, U.S. Patent No. 11,560,770.
This decision follows denials in the three previous related inter partes review (IPR) cases filed by IWS, marking a clean sweep for Haynes Boone representing Downing’s continuous pumping patents. The inventive technology makes hydraulic fracturing operations significantly safer and more efficient.
Downing, headquartered in Oklahoma City, is a pioneer in pressure-control technologies for hydraulic fracturing. Hydraulic fracturing, or "fracking," is the process of injecting high-pressure fluid into underground rock formations to extract oil and natural gas. By enabling continuous operations, the patented system reduces well equipment transition times, minimizes personnel exposure and streamlines the entire fracturing process.
The PTAB sided with Downing and found that IWS did not prove any of the 38 challenged claims to be unpatentable, rejecting all asserted grounds of anticipation and obviousness.
The ruling is a major development in ongoing patent infringement litigation between the two companies in the U.S. District Court for the District of Colorado, where Downing is suing IWS for infringing the ’770 patent as well as U.S. Patent No. 11,401,779.
“This is a resounding win for Downing and a clear affirmation of the strength and clarity of its continuous pumping patents,” said Partner Scott Jarratt, who led the IPR team. “We’re proud to defend a technology that is reshaping the efficiency and safety of modern energy operations.”
Jarratt along with Partner Tiffany Cooke and Associate Laura Vu led the Haynes Boone IPR team with additional support from Partner Russ Emerson, Counsel Caroline Fox, and Associates Brooke Parker and Andrew Drott.
Partner Alan Herda and Counsel Zach Halbur prepared and prosecuted the patent applications for U.S. Patent Nos. 11,560,770 and 11,401,779
Haynes Boone's Patent Trials Practice Group is renowned for its work protecting clients’ patents and challenging others’ patent claims before the USPTO, including in inter partes review, post-grant review and other proceedings. The group has handled more than 500 matters before the Patent Trial and Appeal Board, and its depth of experience is key to its success.
Haynes Boone’s IP Litigation Practice Group offers deep technical knowledge and a proven track record in successfully representing diverse clients in complex intellectual property disputes across all industries. The firm's Patent Practice Group provides comprehensive intellectual property services, including patent prosecution, portfolio management, post-grant proceedings, litigation, and ITC cases, leveraging the diverse technical backgrounds of its top-ranked IP lawyers to protect and manage clients' global patent portfolios across numerous technologies.
