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Vedder Thinking | News IP Attorneys Successfully Defend Clean Harbors in Patent Infringement Suit

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On June 12, 2015, Vedder Price client Clean Harbors Industrial Services Inc. defeated a preliminary injunction motion brought by Quest Integrity USA LLC in a patent infringement suit. Judge Sue Robinson of the U.S. District Court for the District of Delaware found that (i) there were substantial questions as to the validity of Quest’s asserted patent under Sections 102 and 103 of the Patent Act because the "broad scope" of the asserted patent encompasses displays of data generated by Quest using an earlier version of its technology that was on sale and predated the asserted patent’s priority date; and (ii) Quest failed to clearly establish that it would be irreparably harmed absent a preliminary injunction, as money damages would likely suffice even if Quest ultimately prevailed. This win, based on arguments made by Vedder Price’s patent litigation team, illustrates how a competent early evaluation of the client’s position, coupled with an aggressive defense, can achieve efficiency and business certainty. The asserted patent relates to the display of data generated by an inspection system for furnaces used by refiners to process raw petroleum into useful products.


Michael J. Turgeon


Robert S. Rigg


John K. Burke