Tom Melsheimer Discusses Win for U.S. Well Services in Patent Lawsuit

A Winston & Strawn team led by Tom Melsheimer secured a win on behalf of ProFrac’s U.S. Well Services in a patent lawsuit alleging that the company infringed three hydraulic fracturing patents owned by rival oilfield services company Halliburton Energy Services Inc.

Following the trial, a Western District of Texas jury determined that U.S. Well Services’ “Clean Fleet” technology did not work in the same way as Halliburton's patented technology for electric fracking, therefore U.S. Well did not infringe Halliburton’s patents. The jury also found two of the three patent claims asserted by Halliburton invalid. 

Tom told Texas Lawbook that the jury verdict established that “there was no beef” supporting Halliburton’s claims that his client had infringed on Halliburton’s patents for electronic fracking to release underground stores of oil and natural gas, a reference to his invocation in closing of the famous advertising slogan of “where’s the beef?”

“The real message was that Halliburton absolutely had not proven or come close to proving that our client had infringed on any legitimate Halliburton patent,” he said.

The win has been featured in the following media outlets: 

• “US Well Defeats Halliburton in Texas Fight Over Electric Fracking Patents,” Bloomberg Law
• “WDTX Jury Clears US Well Of Infringing Halliburton Patents,” Law360
• “ProFrac Secures Legal Win in Halliburton Patent Battle Over Electric Fracking Tech,” Pipeline & Gas Journal
• “ProFrac unit defeats Halliburton patent lawsuit over electric fracking tech at trial,” Reuters
• “Waco Jury Denies Infringement on Halliburton Patents in Fracking Case,” Texas Lawbook
• “Winston & Strawn Late Entry Saves Fracking Firm From Halliburton Patent Challenge,” Texas Lawyer