Fish & Richardson Wins Major ITC Patent Case for Aspen Aerogels

Fish & Richardson has won a major International Trade Commission (ITC) ruling for Aspen Aerogels, Inc., in a patent infringement case against two China-based competitors, Guangdong Alison Hi-Tech Co. Ltd. and Nano Tech Co. Ltd.In its February 5, 2018, final determination, the ITC found that Alison and Nano infringed each of Aspen Aerogels' three asserted patents, that Aspen Aerogels has a domestic industry in every asserted claim, and that Alison and Nano failed to prove any of the claims invalid. The ITC issued a limited exclusion order barring the importation of Alison and Nano's aerogel composite blankets into the U.S. market.

Fish principals Frank Scherkenbach, Kevin Su and Proshanto Mukherji led the trial team.

Aspen Aerogels is a leading energy technology company providing innovative thermal management solutions to the $3.2 billion energy insulation market.

Fish filed the case with the ITC in May 2016 (In the Matter of Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, 337-TA-1003). On October 23, 2017, the Administrative Law Judge recommended that the ITC enter a limited exclusion order against Alison and Nano.

During the pendency of the ITC case, Alison filed a number of IPR petitions against Aspen Aerogel's patents, which were all denied institution by the PTAB.