(Dallas, TX ꟷ September 8, 2025) Winstead PC today announced a major victory in the United States Court of Appeals for the Federal Circuit, winning a new trial for client Magēmā Technology LLC (“Magēmā”) on its valuable low-sulfur heavy marine fuel oil patent. At trial, Phillips repeatedly argued to the jury that “Magēmā could not prove infringement without access to certain of Phillips’ test results.” Magēmā objected as “Phillips had successfully argued during discovery that it would be too dangerous to obtain those test results.” After a jury verdict in favor of Phillips 66 and a denial of a motion for a new trial, Magēmā appealed. Today, the Federal Circuit issued a precedential opinion granting Magēmā a new trial.
In its opinion, the Court concluded that “Phillips repeatedly and continuously urged its improper and prejudicial actual testing theory throughout trial,” and instructed “[a]t that re-trial, Phillips is not to argue that the ISO 8217 standard requires actual testing data.” The Federal Circuit also affirmed the district court’s claim construction, finding Magēmā properly acted as its own lexicographer by clearly and consistently defining heavy marine fuel oil as an ISO 8217 Table 2 residual marine fuel.
“We’re grateful for the Federal Circuit’s careful consideration of this case and correction of the mischief that occurred during trial,” Miranda Jones, Winstead Shareholder, relayed. “Magēmā looks forward to proving infringement before a jury in a fair trial, decided on the evidence. The kind of trial tactics and gamesmanship at issue here have no place in the courtroom.”
Carter White, General Counsel of Magēmā, added: “The opinion is clear and vindicates Magēmā’s view of the trial verdict. Magēmā is confident it will prevail based on proper arguments in the retrial.”
Miranda Jones took the lead on briefing, and Jamie McDole argued the case. The case is Magēmā Technology LLC v. Phillips 66, 24-1342, in the U.S. Court of Appeals for the Federal Circuit.
To learn more about this case, read the feature story published by Law360 here. (subscription may be required)
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