Winstead PC today announced a major victory in the United States Court of Appeals for the Federal Circuit, winning a new trial for client Magēmā Technology LLC (“Magēmā”) on its valuable low-sulfur heavy marine fuel oil patent. At trial, Phillips repeatedly argued to the jury that “Magēmā could not prove infringement without access to certain of Phillips’ test results.” Magēmā objected as “Phillips had successfully argued during discovery that it would be too dangerous to obtain those test results.” After a jury verdict in favor of Phillips 66 and a denial of a motion for a new trial, Magēmā appealed. Today, the Federal Circuit issued a precedential opinion granting Magēmā a new trial.  

To learn more about this case, read the feature story published by Law360 here. (subscription may be required)