Norton Rose Fulbright secures summary judgment for Oilify in patent infringement suit

Global law firm Norton Rose Fulbright secured a summary judgment victory for Oilify New-Tech Solutions Inc. (Oilify) in the United States District Court for the Western District of Texas on May 12, 2025, resolving all patent infringement claims in favor of Oilify.

Oilify designs the WhaleShark, an innovative and unique downhole separator that employs a unique open top mouth collector concept that eliminates performance limiting traditional separator side intake ports. The plaintiff, WellWorx Energy Solutions LLC (WellWorx), sells a competing line of downhole separators. WellWorx sued Oilify and WhaleShark distributor Q2 Artificial Lift Services, LLC, alleging that certain versions of the WhaleShark infringed three WellWorx patents.

In advance of a scheduled June 9, 2025, trial date in Midland, Texas, Judge Alan Albright granted the defendants’ motion for summary judgment, finding all asserted claims invalid. The court’s ruling both resolves the patent claims against Oilify and concludes disruption of Oilify’s business activities that the litigation had caused.

The Norton Rose Fulbright team was led by US Head of Patents Eagle Robinson (Austin) and US Head of IP Disputes Daniel Leventhal (Houston) and included Brandy Nolan (Dallas), Michael Pohl, Gabriel Culver and Cat Garza (Austin). Annette Deveraux (Houston), Rob Diwa (Dallas) and Sharmin Birader (Houston) also provided support.