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Downhole Products et. al. v. Top-Co Cementing Products et. al.

Downhole Products et. al. v. Top-Co Cementing Products et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:13-cv-00444: Downhole Products LTD. et. al. v. Top-Co Cementing Products Inc. et. al. Filed in U.S. District Court for the Southern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7Fx for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:13-cv-00444: Downhole Products LTD. et. al. v. Top-Co Cementing Products Inc. et. al. Filed in U.S. District Court for the Southern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7Fx for more info.

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Published by: PriorSmart on Feb 20, 2013
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 IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONDOWNHOLE PRODUCTS LTD., )TOP-CO INC., and )TOP-CO CEMENTING PRODUCTS INC., )) CIVIL ACTION NO.Plaintiffs, )) _____v. )) JURY TRIAL DEMANDED)SUMMIT ENERGY SERVICES, INC. d/b/a )SUMMIT CASING EQUIPMENT, ))Defendant. )COMPLAINTPlaintiffs DOWNHOLE PRODUCTS LTD., TOP-CO INC., and TOP-CO CEMENTINGPRODUCTS INC. (collectively, “Plaintiffs”) state the following for Plaintiffs’ Complaint againstDefendant SUMMIT ENERGY SERVICES, INC. d/b/a SUMMIT CASING EQUIPMENT(“Summit” or “Defendant”):NATURE AND BASIS OF ACTION1.
 
This is an action in which Plaintiffs assert against Summit claims for patentinfringement arising under the United States Patent Act, 35 U.S.C. § 1, et seq. Plaintiffs seek monetary damages and injunctive relief against Summit.PARTIES2.
 
Downhole Products Ltd. (“Downhole”) is a Texas corporation, having itsprincipal place of business at 4140 World Houston Parkway, Suite 160, Houston, Texas 77032.3.
 
Top-Co Inc. is a Canadian corporation, having its principal place of business at7720 17 Street, Edmonton, Alberta Y6P 1S7. Top-Co Cementing Products Inc. is a Texas
 
 2corporation, having its principal place of business at 3443 N. Sam Houston Parkway West, Suite200, Houston, Texas 77086. (Top-Co Inc. and Top-Co Cementing Products Inc. are referencedcollectively herein as “Top-Co.”)4.
 
On information and belief, Summit Energy Services, Inc. d/b/a Summit CasingEquipment is an Oklahoma corporation, having its principal place of business at 6656Corporation Parkway, Fort Worth, Texas 76126. Summit may be served through its registeredagent Andy Eldridge, 128 Century Drive, Cleburne, Texas 76033.JURISDICTION AND VENUE5.
 
This Court has jurisdiction over the subject matter of this action under 28 U.S.C.§§ 1331 and 1338.6.
 
Venue in this Court is proper under 28 U.S.C. §§ 1391 and 1400.7.
 
On information and belief, Summit has transacted business within this judicialdistrict, has committed tortious acts within this judicial district, has committed tortious injury toPlaintiffs in this judicial district, regularly does or solicits business in this judicial district,derives revenue from goods used or consumed or services rendered in this judicial district,engages in other persistent courses of conduct in this judicial district, and is subject to the jurisdiction of this Court. Further, on information and belief, Summit has an interactive websitethat is used in and/or accessible within this judicial district.FACTUAL BACKGROUNDU.S. Patent No. 6,435,2758.
 
On August 20, 2002, the United States Patent and Trademark Office (“USPTO”)issued United States Patent No. 6,435,275 (“the ’275 Patent”), entitled “Casing Centraliser” to
 
 3inventors Ian Alastair Kirk, William Barron, and Alistair Bertram Clark. A true and correct copyof the ’275 Patent is attached hereto as Exhibit A.9.
 
The ’275 Patent is currently in full force and effect.10.
 
All right, title, and interest in and to the ’275 Patent have been assigned toDownhole Products Ltd., which is the sole owner of the ’275 Patent. A true and correct copy of the record of assignment at the USPTO is attached hereto as Exhibit B.11.
 
Top-Co is the exclusive licensee of the ’275 Patent.12.
 
The ’275 Patent includes eighteen claims generally directed to a casing centralizercomprising a plastic material.13.
 
In accordance with 35 U.S.C. § 282, the ’275 Patent, and each and every claimthereof, is presumed to be valid.DEFENDANT’S CONDUCT14.
 
On information and belief, Summit makes, uses, offers to sell, and/or sells withinthe United States and this judicial district products, including but not limited to centralizers,which include and/or practice one or more of the inventions claimed in the ’275 Patent.15.
 
On information and belief, Summit’s infringing products include at least itsTorqGlider Composite Centralizers.COUNT ONE: SUMMIT’S INFRINGEMENTOF THE ’275 PATENT UNDER 35 U.S.C. § 27116.
 
Plaintiff repeats, realleges, and incorporates by reference, as if fully set forthherein, the allegations of the preceding paragraphs, as set forth above.17.
 
On information and belief, Summit has infringed and continues to infringe, hasactively and knowingly induced and continues to actively and knowingly induce infringement of,

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