Judge misused ‘sham affidavit’ rule in suit over refinery-furnace inspections – Fed Circuit

A federal appeals court revived part of Quest Integrity USA’s patent infringement lawsuit against a competitor in the refinery-services industry, saying that the judge below improperly applied the “sham affidavit” rule to exclude some of Quest’s evidence.

The U.S. Court of Appeals for the Federal Circuit upheld summary judgment for Texas-based Cokebusters USA on three of the five claims that Quest had accused it of infringing.

It affirmed that those claims were invalid because Quest’s inventors had waited too long to apply for their patent, which describes a computer-based method for mapping and displaying the results of a refinery-furnace inspection.

Source: Reuters

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