DCT
2:25-cv-00522
ProFrac Services LLC v. Liberty Energy Services LLC
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: ProFrac Services, LLC et al. (Texas/Delaware)
- Defendant: Liberty Energy Services LLC et al. (Texas/Delaware)
- Plaintiff’s Counsel: Winston & Strawn LLP
- Case Identification: 2:25-cv-00522, E.D. Tex., 06/05/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant operates multiple locations within the district, including in Plano, and performs hydraulic fracturing services in the district.
- Core Dispute: Plaintiff alleges that Defendant’s “digiTechnologies” suite of electric hydraulic fracturing products and services infringes six U.S. patents related to mobile power units, integrated fluid supply lines, remote valve controls, and instrumented pump monitoring systems.
- Technical Context: The technology at issue pertains to electric hydraulic fracturing (E-Frac), an alternative to traditional diesel-powered fracturing in the oil and gas industry, which is significant for its potential to reduce operational costs and environmental impact.
- Key Procedural History: The complaint alleges that Defendant was aware of the asserted patents and Plaintiff's broader portfolio due to prior litigation between the parties before district courts and the Patent Trial and Appeal Board, as well as through citations to Plaintiff's patents during the prosecution of Defendant’s own patent applications.
Case Timeline
| Date | Event |
|---|---|
| 2017-10-05 | Priority Date for U.S. Patent Nos. 11,067,481 and 11,674,868 |
| 2018-06-15 | Priority Date for U.S. Patent No. 11,211,801 |
| 2019-11-18 | Priority Date for U.S. Patent No. 12,012,952 |
| 2019-12-27 | Priority Date for U.S. Patent Nos. 11,668,420 and 11,009,162 |
| 2021-05-18 | Issue Date for U.S. Patent No. 11,009,162 |
| 2021-07-20 | Issue Date for U.S. Patent No. 11,067,481 |
| 2021-12-28 | Issue Date for U.S. Patent No. 11,211,801 |
| 2023-06-06 | Issue Date for U.S. Patent No. 11,668,420 |
| 2023-06-13 | Issue Date for U.S. Patent No. 11,674,868 |
| 2024-06-18 | Issue Date for U.S. Patent No. 12,012,952 |
| 2025-06-05 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,211,801 - "Integrated mobile power unit for hydraulic fracturing," Issued December 28, 2021
The Invention Explained
- Problem Addressed: The patent’s background describes that mobile power sources for hydraulic fracturing, such as diesel engines and their associated electrical components, are large, complex to transport, and require numerous, potentially unsafe, and time-consuming electrical connections at remote well sites (ʼ801 Patent, col. 1:21-49).
- The Patented Solution: The invention proposes an integrated mobile power unit (MPU) where at least one generator and its corresponding switchgear are located together on a singular mobile platform, such as a trailer ('801 Patent, col. 1:53-60). This integrated unit is designed to provide power to external fracturing equipment and to operate in a load-sharing arrangement with other similar MPUs, thereby reducing the number of required trailers, cables, and setup complexity on site ('801 Patent, Fig. 11; col. 2:1-4).
- Technical Importance: This integrated approach aims to improve the efficiency, safety, and reliability of E-Frac operations by minimizing the physical footprint and the number of high-voltage cable connections required in the field ('801 Patent, col. 4:8-14).
Key Claims at a Glance
- The complaint asserts independent method Claim 12 (Compl. ¶28).
- Essential elements of Claim 12 include:
- providing a first mobile unit with at least one first generator and at least one switchgear located together in the first mobile unit, with the generator coupled to the switch gear;
- generating power from the at least one generator;
- providing the generated power, using electrical buses of the switchgear, for loads in one or more external mobile units; and
- supporting a load sharing arrangement with a second generator of a second mobile unit.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 11,668,420 - "System and method for integrated flow supply line," Issued June 6, 2023
The Invention Explained
- Problem Addressed: The patent addresses the operational limitations of standard fluid supply hoses (e.g., 4-inch diameter) used in hydraulic fracturing. Such hoses can restrict fluid flow to high-pressure pumps, potentially causing premature wear and failure. Merely increasing the hose diameter is described as impractical due to component-fitting mismatches on existing pumps and the risk of proppant "drop out" at lower fluid velocities ('420 Patent, col. 1:35-45).
- The Patented Solution: The invention is a hydraulic fracturing system incorporating a specific hose assembly. The claimed hose features a first end with a first diameter, a second end with a second diameter, and a hose body between the ends having a third diameter that is less than both the first and second diameters ('420 Patent, Abstract). This configuration, as detailed in the specification of its parent patent, allows for the use of a larger-volume hose body (e.g., 5-inch) with oversized end fittings (e.g., 6-inch) that can connect to standard pump inlets, thereby increasing flow capacity while maintaining sufficient velocity ('162 Patent, col. 4:5-15).
- Technical Importance: This design offers a method to enhance fluid throughput to fracturing pumps to improve operational efficiency and equipment life without requiring a complete and costly overhaul of existing pump hardware ('420 Patent, col. 6:46-53).
Key Claims at a Glance
- The complaint asserts independent system Claim 1 (Compl. ¶38).
- Essential elements of Claim 1 include:
- an electric powered multi-plunger hydraulic fracturing pump;
- a fluid source providing a slurry;
- a hose extending between the source and pump, comprising a first end (first diameter), a second end (second diameter), and a body (third diameter) that is less than both the first and second diameters; and
- a pair of fittings forming the first and second ends.
- The complaint does not explicitly reserve the right to assert dependent claims.
Multi-Patent Capsule: U.S. Patent No. 11,009,162 - "System and method for integrated flow supply line," Issued May 18, 2021
- Technology Synopsis: This patent, the parent of the ’420 Patent, addresses the same problem of flow limitations in standard fracturing hoses. The patented solution is a system that includes a fitting designed to couple a hose of a first diameter to a pump connection of a second, larger diameter, thereby enabling increased fluid flow while maintaining compatibility with existing equipment ('162 Patent, Abstract; col. 4:5-15).
- Asserted Claims: Independent system Claim 1 (Compl. ¶50).
- Accused Features: The complaint accuses Liberty's hydraulic fracturing services and fleets, specifically the hose and fitting assemblies used to supply fluid to its electric-powered pumps (Compl. ¶¶48, 52-57).
Multi-Patent Capsule: U.S. Patent No. 12,012,952 - "Electrically actuated valves for manifold trailers or skids," Issued June 18, 2024
- Technology Synopsis: This patent addresses the safety and operational challenges of manually operating valves on a fracturing manifold, which is often located in a high-pressure, hazardous area. The invention is a valve control system comprising an electric, remotely controllable valve actuator and a control interface accessible from a location outside the pressure zone, enabling operators to safely manage slurry flow to the pumps (’952 Patent, Abstract).
- Asserted Claims: Independent system Claim 14 (Compl. ¶63).
- Accused Features: The complaint accuses Liberty's hydraulic fracturing valve control system, which allegedly includes a manifold, electric actuators, and a remote "FS iControl" interface (Compl. ¶¶61, 65).
Multi-Patent Capsule: U.S. Patent No. 11,067,481 - "Instrumented fracturing slurry flow system and method," Issued July 20, 2021
- Technology Synopsis: This patent addresses the difficulty in monitoring the real-time performance of fracturing pumps. The patented solution is a method that uses data from sensors on the suction and discharge sides of a pump to determine its efficiency. If the efficiency falls below a predetermined threshold, the method includes adjusting one or more operating parameters of the pump (’481 Patent, Abstract).
- Asserted Claims: Independent method Claim 8 (Compl. ¶77).
- Accused Features: The complaint accuses Liberty's services that use "Digital Maintenance and Predictive Analytics," which allegedly employ equipment telemetry data to monitor pump conditions and adjust operations (Compl. ¶¶75, 79).
Multi-Patent Capsule: U.S. Patent No. 11,674,868 - "Instrumented fracturing slurry flow system and method," Issued June 13, 2023
- Technology Synopsis: This patent, related to the ’481 Patent, discloses a method for adjusting pump operation by repeatedly receiving data, comparing operating conditions to damage thresholds, and adjusting operating parameters. The method culminates in sending an alert if further adjustments are determined to be unavailable (’868 Patent, Abstract).
- Asserted Claims: Independent method Claim 1 (Compl. ¶85).
- Accused Features: The complaint accuses Liberty's services that utilize its "Digital Twin" and "Real-Time Analysis" tools to monitor and adjust pump operations based on collected data (Compl. ¶¶83, 87).
III. The Accused Instrumentality
Product Identification
- The accused products and services are collectively identified as Liberty's “digiTechnologies,” which include specific offerings such as “digiPrime,” “digiFrac,” “digiPower,” and “digiWire” (Compl. ¶¶18, 26). These are used in Liberty's hydraulic fracturing services.
Functionality and Market Context
- The complaint alleges that the accused digiTechnologies form a modular system for "NEXT-GEN ELECTRIC AND HYBRID COMPLETION TECHNOLOGY" (Compl. ¶18). The "digiPower" product is described as providing "POWER MANAGEMENT & DISTRIBUTION" and its "modular platform allows the system to accommodate any amount of grid input... all managed through our common bus distribution trailer" (Compl. ¶30, Example Image 1.3). The system is depicted in marketing materials as a comprehensive E-Frac solution deployed at a well site (Compl. ¶30, Example Image 1.1). The complaint also references Liberty’s use of specific hoses, fittings, and remote-control interfaces as part of its fracturing fleets (Compl. ¶¶41-44, 65). One such interface, for remote valve control, is identified as "FS iControl" (Compl. ¶65, Example Image 1.9).
IV. Analysis of Infringement Allegations
11,211,801 Infringement Allegations
| Claim Element (from Independent Claim 12) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| providing a first mobile unit with at least one first generator and at least one switchgear located together in the first mobile unit... | Defendant’s system includes a mobile unit (digiPower) with a generator and associated switchgear for power distribution. | ¶30 | col. 1:53-57 |
| generating power from the at least one generator; | Defendant's digiPower unit uses a natural gas generator set to provide electrical power for the fracturing equipment. | ¶31 | col. 6:43-44 |
| providing the power using electrical buses of the at least one switchgear... for loads in one or more external mobile units... | The digiPower unit provides power to external mobile units, such as digiFrac pumps, via a "common bus distribution trailer." | ¶32 | col. 2:1-4 |
| ...in a load sharing arrangement with a second generator of a second mobile unit. | Defendant's modular platform allegedly allows multiple power units to be connected to a common bus for a load sharing arrangement. | ¶32 | col. 4:43-47 |
- Identified Points of Contention:
- Scope Questions: A primary issue may be the claim phrase "located together in the first mobile unit." The complaint includes a marketing image describing the accused "digiPower" unit and a "common bus distribution trailer" as components that manage power distribution (Compl. ¶30, Example Image 1.3). This raises the question of whether the essential "switchgear" for load sharing is physically located on the same mobile unit as the generator, as the claim may require, or if it resides in a separate trailer, potentially placing it outside the claim's scope.
- Technical Questions: The complaint does not specify which technical components within the accused "digiPower" product or the "common bus distribution trailer" constitute the claimed "switchgear" that enables the "load sharing arrangement."
11,668,420 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an electric powered multi-plunger hydraulic fracturing pump having an inlet and an outlet... | Defendant's digiFrac fracturing fleets include electric-powered, multi-plunger hydraulic pumps. | ¶41 | col. 2:11-14 |
| a fluid source, coupled to the inlet of the electric powered... pump, the fluid source providing a slurry... | Defendant's fracturing fleets utilize a fluid source, such as blenders and sand storage units, to provide slurry to the pumps. | ¶42 | col. 2:18-21 |
| a hose extending between the fluid source and the... pump, the hose comprising: a first end... having a first diameter; a second end... having a second diameter; and a body between the first end and the second end having a third diameter, the third diameter being less than both the first diameter and the second diameter... | Defendant's fracturing fleets allegedly use hoses with end fittings that have a larger diameter than the hose body itself. A provided visual depicts a hose connected to a larger-diameter fitting (Compl. ¶43, Example Image 1.8). | ¶43 | col. 2:21-30 |
| a pair of fittings, a first fitting forming the first end and a second fitting forming the second end... | Defendant's hose assemblies allegedly include a pair of fittings that form the ends of the hose for coupling to the fluid source and pump. | ¶44 | col. 2:30-34 |
- Identified Points of Contention:
- Technical Questions: The central infringement question appears to be factual: do the accused hose assemblies used by Defendant meet the specific dimensional limitations of Claim 1? The analysis will require evidence establishing that the hose body has a "third diameter" that is measurably "less than both the first diameter and the second diameter" of its end connections. The complaint provides a close-up photograph that appears to show a hose terminating in a larger-diameter fitting, which may support the allegation (Compl. ¶43, Example Image 1.8).
V. Key Claim Terms for Construction
For the ’801 Patent:
- The Term: "located together in the first mobile unit"
- Context and Importance: The construction of this term is critical to determining the scope of the claim with respect to Defendant's allegedly modular system. The dispute will likely center on whether this requires all essential switchgear for load sharing to be physically housed on the same trailer as the generator, or if it can encompass a system of functionally integrated but physically distinct trailers (e.g., a generator trailer and a separate power distribution trailer).
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent's objective is to create an "integrated" system that reduces cabling and complexity ('801 Patent, col. 1:53-54). A party may argue that two trailers deployed as a single functional unit with short, dedicated interconnects could be considered "together" for the purposes of the invention.
- Evidence for a Narrower Interpretation: The claim language recites "in the first mobile unit." The abstract refers to a "singular mobile platform," and Figure 3 depicts the generator (302a) and switchgear (302b) on a single trailer chassis (304), which suggests physical co-location on a single vehicle.
For the ’420 Patent:
- The Term: "fitting"
- Context and Importance: Claim 1 requires "a pair of fittings" that form the ends of the hose. The definition of "fitting" is important because it delineates the claimed component from the hose body itself, which has a distinct diameter limitation. Practitioners may focus on this term to determine if it requires a separate, attached hardware component or could read on an integrally formed end of a hose.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party might argue for a plain and ordinary meaning where a "fitting" is simply the part of the hose that "fits" onto another component, regardless of whether it is a separate piece of hardware.
- Evidence for a Narrower Interpretation: The specification of the parent '162 patent describes and depicts the fitting (200) as a discrete, multi-part metal assembly comprising a union (206), a reducer (210), and a shank end (212) onto which the flexible hose is separately joined ('162 Patent, Fig. 2; col. 5:6-21). This suggests the "fitting" is a distinct hardware component and not an integral part of the hose body.
VI. Other Allegations
- Indirect Infringement: The complaint makes conclusory references to indirect infringement but does not provide sufficient detail for analysis of the specific facts alleged to support knowledge or intent for inducement or contributory infringement (Compl. ¶34).
- Willful Infringement: The complaint alleges that Defendant was aware of the Asserted Patents and Plaintiff's patent portfolio (Compl. ¶17). The alleged bases for this knowledge include: (1) a third party's close work with Plaintiff; (2) Plaintiff's compliance with patent marking statutes; (3) citations of Plaintiff's patents and applications during the prosecution of Defendant's own patents; and (4) the parties' engagement in prior litigation. These allegations appear to be based on pre-suit knowledge.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue for the '801 patent will be one of definitional scope: does the claim phrase "located together in the first mobile unit," which is supported by embodiments showing components on a single trailer, read on an accused system that uses a separate, dedicated trailer for power distribution and management?
- A key evidentiary question for the '420 and '162 patents will be one of structural correspondence: can Plaintiff produce evidence that Defendant's hose assemblies, as used in the field, possess the specific dimensional characteristics required by the claims, namely a hose body that is narrower than its end fittings?
- For the '481 and '868 patents on pump monitoring, a central technical question will be one of algorithmic equivalence: does the software in Defendant's "Digital Twin" and predictive analytics platform perform the specific, multi-step comparison and adjustment processes recited in the method claims, or is there a fundamental mismatch in the underlying technical operation?