Agilent Techs., Inc. v. Waters Techs. Corp.

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Waters’ patent relates to systems that use highly compressed gas, compressible liquid, or supercritical fluid. In liquid chromatography. The patent is directed to using a pump as a pressure source for supercritical fluid chromatography (SFC), a more efficient and advanced form of chromatography. SFC uses pumps to regulate the flow of compressible fluids, such as supercritical carbon dioxide, through a column. The patent provides an alternative SFC system, allowing the effective use of a less expensive pump than was required by prior art. In 2011, Waters sued Aurora for infringement. Aurora sought inter partes reexamination of all claims, citing new prior art. In response to an initial Office Action rejecting all claims, Waters amended independent claims and added dependent claims, with an additional limitation. In 2012 Agilent acquired substantially all of Aurora’s assets, agreeing to be bound by the outcome of the reexamination proceedings.The Board reversed all of the rejections, listing Aurora as the third-party requester and Aurora’s counsel as counsel for the third-party requester. The Federal Circuit dismissed Agilent’s appeal; Aurora, not Agilent, is the third-party requester. Agilent lacked a cause of action to appeal. View "Agilent Techs., Inc. v. Waters Techs. Corp." on Justia Law