Magema Technology v. Phillips 66 (Fed. Cir., September 8, 2025) 2024-1342

This opinion concerns an appeal from a district court ruling in a patent infringement case between Magēmā Technology LLC and Phillips 66. Magēmā Technology, which holds a patent for desulfurizing heavy marine fuel oil (HMFO), sued Phillips 66 for infringement. The core issue on appeal concerns Phillips 66's improper and prejudicial argument at trial that ISO 8217 standards required actual testing data for fuel compliance, despite previously telling Magēmā that such testing was dangerous and estimates (using the Riazi Formula) would suffice. The Federal Circuit reversed the denial of a new trial, finding that the jury's non-infringement verdict could have been influenced by Phillips 66's misleading arguments, and also upheld the district court's construction of the term "HMFO." The case is now remanded for a new trial, where Phillips 66 is forbidden from making the aforementioned actual-testing argument.

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