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Oil States Energy Services v. Trojan Wellhead Protection et. al.

Oil States Energy Services v. Trojan Wellhead Protection et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:12-cv-00611: Oil States Energy Services, L.L.C. v. Trojan Wellhead Protection, Inc. et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l6G8 for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:12-cv-00611: Oil States Energy Services, L.L.C. v. Trojan Wellhead Protection, Inc. et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l6G8 for more info.

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Published by: PriorSmart on Sep 10, 2012
Copyright:Public Domain

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07/10/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTYLER DIVISIONOIL STATES ENERGY SERVICES,L.L.C., f/k/a STINGER WELLHEADPROTECTION, INC.,Plaintiff,v.TROJAN WELLHEAD PROTECTION,INC., f/k/a GUARDIAN WELLHEADPROTECTION, INC., and GREENE’SENERGY GROUP, LLC,Defendants.§§§§§§§§§§§§§§ Civil Action No. 6:12-cv-611PLAINTIFF’S ORIGINAL COMPLAINT AND REQUEST FOR PRELIMINARYAND PERMANENT INJUNCTION
Plaintiff Oil States Energy Services, LLC (“OSES”), formerly known as StingerWellhead Protection, Inc. (“Stinger”), by and through its undersigned attorneys, files thisOriginal Complaint against Defendants Trojan Wellhead Protection, Inc. (“Trojan”), formerlyknown as Guardian Wellhead Protection, Inc. (“Guardian”), and Greene’s Energy Group, LLC(“Greene’s”) (collectively, “Defendants”) and alleges as follows:
PARTIES
1.
 
Plaintiff Oil States Energy Services, LLC is a Delaware limited liability companywith its headquarters and principal place of business located in Houston, Texas.2.
 
Defendant Trojan Wellhead Protection, Inc. (formerly known as GuardianWellhead Protection, Inc.) is a Texas corporation with its headquarters and principal place of business located Odessa, Texas. Trojan may be served with process via its registered agent forservice of process, Murray A. Erickson, 6907 E. Commerce, Odessa, Texas 79762.
 
23.
 
Defendant Greene’s Energy Group, LLC is a Texas limited liability company withits headquarters and principal place of business located in Houston, Texas. Greene’s may beserved with process via its registered agent for service of process, Corporation Service Company,211 E. 7th Street, Suite 620, Austin, Texas 78701-3218.
JURISDICTION
4.
 
This action arises under the patent laws of the United States, Title 35, UnitedStates Code. The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1338. Inaddition, the Court has jurisdiction pursuant to 28 U.S.C. § 1331.5.
 
The Court has supplemental jurisdiction over OSES’s state law claims pursuant to28 U.S.C. § 1367 because OSES’s claims are so related to the claims within the Court’s original jurisdiction that they form part of the same case or controversy.6.
 
The Court has specific personal jurisdiction over all Defendants because thisdispute arises from an agreement that was executed and performed in Texas, as well as conductof the Defendants that occurred in Texas.7.
 
The Court has general personal jurisdiction over Defendants because they areboth residents of the State of Texas, and they both systematically and continuously conductbusiness in Texas.
VENUE
8.
 
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)–(c) and 28 U.S.C. §1400(b) because the Defendants have committed acts of infringement in this District andDivision and have sold or leased the infringing products or services in this District and Division.Additionally, the Settlement Agreement that forms the basis of OSES’s breach of contract claimsherein contains a forum section clause, which states that “[t]he Parties agree that the state andfederal courts located in the territory of the United States District Court for the Eastern District
 
3of Texas will retain exclusive jurisdiction to enforce and construe the terms of this Agreementand matters connected with its performance and waive any challenge to the jurisdiction or venueof such courts over these matters.”
CONDITIONS PRECEDENT
9.
 
All conditions precedent have been performed or have occurred.
FACTSI.
 
THE PATENTED TECHNOLOGY
10.
 
During the late 1980s, L. Murray Dallas, then an executive of Stinger, conceiveda new way to isolate a wellhead during hydraulic fracturing (“fracking”) operations. Rather thanusing an isolation tool that had to be removed after the fracking operation, Mr. Dallas invented atool that included a mandrel, which extended into the tubing spool, and would allow access to thewell, thus permitting the well operator to leave the tool in place between fracking operations.11.
 
Stinger filed numerous patent applications related to different embodiments andcomponents of, and variations on, Mr. Dallas’s new wellhead isolation tool. For the purposes of this litigation, one of the patents infringed by Greene’s wellhead isolation tools is U.S. PatentNo. 6,179,053 (“the ‘053 Patent”).12.
 
On January 30, 2001, the ‘053 patent, entitled “Lockdown Mechanism for WellTools Requiring Fixed-Point Packoff,” was duly and legally issued by the U.S. Patent andTrademark Office to Mr. Dallas. A true and correct copy of the ‘053 patent is attached hereto asExhibit 1.13.
 
The ‘053 patent is presumed valid pursuant to 35 U.S.C. § 282.14.
 
OSES is the current owner by assignment of the ‘053 patent.15.
 
No other company is licensed to make, use, sell, offer to sell, or import anyproduct or service that is covered by the claims of the ‘053 patent.

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