DynaEnergetics Announces Favorable Ruling in Defense Against Patent Infringement Action Brought by GEODynamics
US Patent Trial and Appeals Board Determines GEODynamics’ Claims Unpatentable
HOUSTON, Texas – March 6, 2018 – DynaEnergetics, a business of DMC Global Inc. (Nasdaq: BOOM), today announced the US Patent Trial and Appeals Board (PTAB) has invalidated all challenged claims of US Patent No. 8,544,563 (“563”) held by GEODynamics. The ruling came following an Inter Partes Review (IPR) initiated by DynaEnergetics of the 563 patent.
In 2016, GEODynamics filed a patent infringement suit against DynaEnergetics in the Eastern District of Texas. The suit alleged DynaEnergetics’ US sales of its DPEX® shaped charges infringed on the 563 patent, which relates to reactive liners in certain explosive shaped charges used to perforate oil and gas wells. DynaEnergetics denied infringement, as well as the validity of the 563 patent, and initiated the IPR. On March 1, 2018, the PTAB concurred with DynaEnergetics’ assertion, and ruled the challenged claims unpatentable. ?
“DynaEnergetics is proud of its robust intellectual property portfolio, which has been built through substantial investments in research, development and technical innovation,” said Ian Grieves, president of DynaEnergetics. We also respect the intellectual property of our competitors. However, when we believe others are threatening our business by asserting invalid patents, we will vigorously defend ourselves. We are very gratified by the ruling of the PTAB.”
In a prior suit, GEODynamics filed a patent and trademark infringement action against DynaEnergetics regarding US Patent No. 9,080,431 (“431”), and a US trademark registration of the term “reactive.” On March 30, 2017, a jury ruled DynaEnergetics did not infringe the 431 patent and determined all of GEODynamics’ asserted claims in the 431 patent were invalid. The US trademark registration for “reactive” was found generic and the trademark was ordered cancelled. In addition, DynaEnergetics was awarded partial reimbursement of litigation-related costs and attorneys’ fees associated with the trademark infringement action.
DynaEnergetics’ innovative perforating systems make a measureable impact on well productivity, completion cost and safety. As the only global perforating manufacturer that designs, manufactures and qualifies all of its equipment and accessories in-house, DynaEnergetics ensures unmatched performance and the lowest total cost of operations. DynaEnergetics is a business of publicly traded DMC Global Inc. (Nasdaq: BOOM). For more information, visit www.dynaenergetics.com.
Vice President and General Manager, Americas