Chandler v. Phoenix Services, No. 21-10626 (5th Cir. 2022)
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Plaintiffs are oil-field manufacturing and services companies (collectively, “Chandler”) who brought Walker Process fraud and sham patent litigation claims against defendants Phoenix Services, LLC, and its CEO, Mark Fisher (collectively, “Phoenix”). The patent at
issue here is U.S. Patent No. 8,171,993 (the “’993 Patent”), which was issued to Mark Hefley, founder of Heat On-The-Fly, LLC (“HOTF”). The district court dismissed some of the claims for lack of standing and others as time-barred. The case was then appealed to the Federal Circuit, but the Federal Circuit found the case had no live patent issues and so transferred the case to the Fifth Circuit.
Both parties moved for summary judgment, to support its claims, Chandler alleged Phoenix was liable as HOTF’s parent company for two anticompetitive acts involving the ’993 Patent. Chandler and Phoenix cross-moved for summary judgment. The Fifth Circuit accepted the case and affirmed the district court’s judgment. The court explained that it cannot find the Federal Circuit’s decision implausible. Next, turning to the merits, the court found that the district court correctly found a lack of substantial evidence that the cease-and-desist letter materially caused Supertherm’s lost profits. Finally, because the district court correctly ruled that tolling does not apply, Chandler’s claims are time-barred.
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