Alan G. Carlson | Nathan D. Louwagie

Carlson Caspers represented Defendant Dynamic Air Inc. in this patent infringement action involving five patents directed to the pneumatic conveyance of drill cuttings generated by the drilling of offshore oil wells.  During discovery, Carlson Caspers demonstrated the weaknesses of Plaintiffs’ claims, causing the Plaintiffs to request their case to be dismissed.  Carlson Caspers then secured recovery of about $1.4 million in attorney fees for its client by proving that the Plaintiffs’ case was objectively baseless, a rare achievement in a patent lawsuit.  The Plaintiffs appealed this decision, but Carlson Caspers successfully defended the District Court’s award of fees on appeal.  In defense of its client, Carlson Caspers also filed six Inter Partes Review petitions challenging all 117 claims of the five patents at issue.  These petitions were successful in invalidating 114 of the 117 claims of the patents-in-suit.

Additional Media
“Minnesota’s Dynamic Air whips an energy giant in years long legal battle”, StarTribune, by Neal St. Anthony, July 13, 2019. A link to the published article is here.