McAndrews Secures Complete Victory for Baker Hughes


The PTAB issued the public version of its final written decision today in favor of Baker Hughes Incorporated, finding once again that all claims of a patent owned by LiquidPower Specialty Products, Inc. (LSPI) are unpatentable.

Just over three years ago, the Patent Trial and Appeal Board instituted trial on Baker Hughes’  IPR petition against a Lubrizol (now LSPI) patent covering drag-reducing agents – one of four patents asserted against Baker Hughes in Houston district court.  One year later, in a 79-page opinion, the PTAB found all claims unpatentable.

LSPI appealed, and the Federal Circuit found in Baker Hughes’ favor on the prima facie patentability issues, but it remanded with directions to the Board to weigh LSPI’s evidence on objective indicia. The parties filed briefs at the Board in January 2019, and the Board again found LSPI’s claims unpatentable.

The firm’s trial team included Herb Hart, George Wheeler, Aaron Barkoff, Pete Lish, and Ben Mahon.