9/11/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
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`PATENT
`
`U.S. District Court [LIVE]
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE #: 6:20-cv-00200-ADA
`
`Kerr Machine Co. v. Vulcan Industrial Holdings, LLC
`Assigned to: Judge Alan D Albright
`Cause: 35:271 Patent Infringement
`
`Date Filed: 03/19/2020
`Jury Demand: Both
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`Plaintiff
`Kerr Machine Co.
`
`represented by Daniel Allen Wilson
`Susman Godfrey, LLP
`1000 Louisiana Street, Suite 5100
`Houston, TX 77002
`(713) 655-5627
`Email: dwilson@susmangodfrey.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Rocco Magni
`Susman Godfrey L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`713-651-9366
`Fax: 713-654-6666
`Email: rmagni@susmangodfrey.com
`ATTORNEY TO BE NOTICED
`
`Thomas V. DelRosario
`Susman Godfrey LLP
`1000 Louisiana St., Suite 5100
`Houston, TX 77002
`713-651-9366
`Fax: 713-654-6666
`Email: tdelrosario@susmangodfrey.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Brian D. Melton
`Susman Godfrey LLP
`1000 Louisiana Street - Suite 5100
`Houston, TX 77002-5096
`(713) 653-7825
`Fax: (713) 654-6666
`Email: bmelton@susmangodfrey.com
`ATTORNEY TO BE NOTICED
`
`V.
`Defendant
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`9/11/2020
`Vulcan Industrial Holdings, LLC
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`represented by Jean C. Frizzell
`Reynolds Frizzell Black Doyle Allen &
`Oldham, LLP
`1100 Louisiana Street, Suite 3500
`Houston, TX 77002
`(713)485-7200
`Fax: 713/485-7250
`Email: jfrizzell@reynoldsfrizzell.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Adi Sirkes
`Reynolds Frizzell LLP
`1100 Louisiana, Suite 3500
`Houston, TX 77002
`713-485-7200
`Fax: 713-485-7250
`Email: asirkes@reynoldsfrizzell.com
`ATTORNEY TO BE NOTICED
`
`Barry J. Herman
`Womble Bond Dickinson (US) LLP
`100 Light Street, 26th Floor
`Baltimore, MD 21202
`410-545-5830
`Fax: 410-769-1530
`Email: barry.herman@wbd-us.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Jeffrey S. Whittle
`Womble Bond Dickinson (US) LLP
`811 Main St. Suite 3130
`Houston, TX 77002
`346-998-7859
`Fax: 346-998-5910
`Email: jeffrey.whittle@wbd-us.com
`ATTORNEY TO BE NOTICED
`
`Jeremy L. Doyle
`Reynolds Frizzell LLP
`1100 Louisiana Street
`Suite 3500
`Houston, TX 77002
`(713) 485-7200
`Fax: (713) 485-7250
`Email: doyle@reynoldsfrizzell.com
`ATTORNEY TO BE NOTICED
`
`Defendant
`Vulcan Energy Services, LLC
`
`represented by Adi Sirkes
`(See above for address)
`ATTORNEY TO BE NOTICED
`
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`9/11/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
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`Defendant
`Cizion, LLC
`doing business as
`Vulcan Industrial Manufacturing
`
`Counter Plaintiff
`Vulcan Energy Services, LLC
`
`V.
`Counter Defendant
`Kerr Machine Co.
`
`Barry J. Herman
`(See above for address)
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Jeremy L. Doyle
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Jean C. Frizzell
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Jean C. Frizzell
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by Adi Sirkes
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Barry J. Herman
`(See above for address)
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Jeremy L. Doyle
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Jean C. Frizzell
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Daniel Allen Wilson
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Rocco Magni
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Thomas V. DelRosario
`(See above for address)
`ATTORNEY TO BE NOTICED
`
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`Brian D. Melton
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Date Filed
`03/19/2020
`
`03/19/2020
`
`03/19/2020
`
`03/24/2020
`
`03/24/2020
`03/24/2020
`
`03/27/2020
`
`03/30/2020
`04/08/2020
`
`04/28/2020
`
`04/28/2020
`
`04/29/2020
`04/30/2020
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`05/26/2020
`
`05/27/2020
`
`05/27/2020
`
`# Docket Text
`1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13363312). No Summons requested
`at this time, filed by Kerr Machine Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
`Civil Cover Sheet)(Melton, Brian) (Entered: 03/19/2020)
` Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE
`INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE
`INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN
`THIS CASE. (mc5) (Entered: 03/19/2020)
`2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director
`of the U.S. Patent and Trademark Office. (Melton, Brian) (Entered: 03/19/2020)
`3 REQUEST FOR ISSUANCE OF SUMMONS by Kerr Machine Co.. (Melton, Brian)
`(Entered: 03/24/2020)
`4 Summons Issued as to Vulcan Industrial Holdings, LLC. (bw) (Entered: 03/25/2020)
`5 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil
`hearings. (tada) (Entered: 03/25/2020)
`6 RULE 7 DISCLOSURE STATEMENT filed by Kerr Machine Co.. (Melton, Brian)
`(Entered: 03/27/2020)
`7 Pro Hac Vice Letter. (am) (Entered: 03/30/2020)
`8 SUMMONS Returned Executed by Kerr Machine Co.. Vulcan Industrial Holdings, LLC
`served on 4/7/2020, answer due 4/28/2020. (Melton, Brian) (Entered: 04/08/2020)
`9 NOTICE of Attorney Appearance by Jean C. Frizzell on behalf of Vulcan Industrial
`Holdings, LLC. Attorney Jean C. Frizzell added to party Vulcan Industrial Holdings,
`LLC(pty:dft) (Frizzell, Jean) (Entered: 04/28/2020)
`10 NOTICE of Attorney Appearance by Jeremy L. Doyle on behalf of Vulcan Industrial
`Holdings, LLC. Attorney Jeremy L. Doyle added to party Vulcan Industrial Holdings,
`LLC(pty:dft) (Doyle, Jeremy) (Entered: 04/28/2020)
`11 NOTICE of Readiness by Kerr Machine Co. (Melton, Brian) (Entered: 04/29/2020)
`12 ORDER GOVERNING PROCEEDINGS PATENT CASE. Signed by Judge Alan D
`Albright. (mc5) (Entered: 04/30/2020)
`13 MOTION to Appear Pro Hac Vice by Brian D. Melton for Applicant Thomas V.
`DelRosario ( Filing fee $ 100 receipt number 0542-13600818) by on behalf of Kerr
`Machine Co.. (Attachments: # 1 Proposed Order)(Melton, Brian) (Entered: 05/26/2020)
`14 NOTICE of Attorney Appearance by Rocco Magni on behalf of Kerr Machine Co..
`Attorney Rocco Magni added to party Kerr Machine Co.(pty:pla) (Magni, Rocco)
`(Entered: 05/27/2020)
` Text Order GRANTING 13 Motion to Appear Pro Hac Vice. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
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`9/11/2020
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`05/27/2020
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`05/27/2020
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`05/29/2020
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`05/29/2020
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`05/29/2020
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`06/04/2020
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`06/05/2020
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`06/05/2020
`06/05/2020
`06/14/2020
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`07/22/2020
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`07/22/2020
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`07/23/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if
`he/she has not already done so, shall immediately tender the amount of $100.00, made
`payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant
`to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby
`granted to practice pro hac vice in this case must register for electronic filing with our
`court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only
`entry generated by the court. There is no document associated with this entry.) (jy)
`(Entered: 05/27/2020)
`15 NOTICE of Attorney Appearance by Adi Sirkes on behalf of Vulcan Industrial Holdings,
`LLC. Attorney Adi Sirkes added to party Vulcan Industrial Holdings, LLC(pty:dft)
`(Sirkes, Adi) (Entered: 05/27/2020)
`16 MOTION to Dismiss or Transfer by Vulcan Industrial Holdings, LLC. (Attachments: # 1
`Appendix in Support of Vulcan Industrial Holdings, LLC's Motion to Dismiss or Transfer)
`(Frizzell, Jean) (Entered: 05/27/2020)
`17 ORDER, Telephone Conference set for 5/29/2020 02:30 PM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (am) (Entered: 05/29/2020)
`18 Minute Entry for proceedings held before Judge Alan D Albright: Telephone Conference
`held on 5/29/2020. Case called for a telephonic scheduling conference. Parties have
`reached an agreed Markman Hearing date of December 3, 2020. The Court explained his
`normal Markman Hearing procedures and the fact that the Court will issue preliminary
`constructions before the Markman Hearing. Plaintiff states that they may be adding third
`parties to the case. The defendant has filed a motion to dismiss or transfer due to not
`proper venue. (Minute entry documents are not available electronically.). (Court Reporter
`Lily Reznik.)(am) (Entered: 05/29/2020)
`19 ORDER SETTING MARKMAN HEARING, Markman Hearing set for 12/3/2020 09:00
`AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered:
`05/29/2020)
`20 AMENDED COMPLAINT for Patent Infringement and Jury Demand against Vulcan
`Industrial Holdings, LLC, Vulcan Energy Services, LLC, Cizion, LLC amending, filed by
`Kerr Machine Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Melton, Brian) (Entered:
`06/04/2020)
`21 REQUEST FOR ISSUANCE OF SUMMONS by Kerr Machine Co.. (Melton, Brian)
`(Entered: 06/05/2020)
`22 Summons Issued as to Cizion, LLC. (bw) (Entered: 06/05/2020)
`23 Summons Issued as to Vulcan Energy Services, LLC. (bw) (Entered: 06/05/2020)
`24 ORDER SETTING TRIAL DATE. Jury Selection set for 8/2/2021 09:00AM before Judge
`Alan D Albright. Jury Trial set for 8/2/2021 09:00 AM before Judge Alan D Albright.
`Signed by Judge Alan D Albright. (mc5) (Entered: 06/15/2020)
`25 Vulcan Energy Services, LLC's ANSWER to 20 Amended Complaint with Jury Demand .
`Attorney Jean C. Frizzell added to party Vulcan Energy Services, LLC(pty:dft),
`COUNTERCLAIM against All Plaintiffs by Vulcan Energy Services, LLC.(Frizzell, Jean)
`(Entered: 07/22/2020)
`26 MOTION to Dismiss or Transfer by Cizion, LLC. (Attachments: # 1 Exhibit A1, # 2
`Exhibit A2, # 3 Exhibit A3)(Frizzell, Jean) (Entered: 07/22/2020)
`27 ATTACHMENT EXHIBIT A to Vulcan Industrial Manufacturing's Motion to Dismiss or
`Transfer to 26 MOTION to Dismiss or Transfer by Cizion, LLC. (Frizzell, Jean) (Entered:
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`9/11/2020
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`07/31/2020
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`08/02/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
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`07/23/2020)
`28 Opposed MOTION to Stay Litigation Pending the Outcome of the Pending Post-Grant
`Review Proceeding before the Patent Trial and Appeal Board by Cizion, LLC, Vulcan
`Energy Services, LLC, Vulcan Industrial Holdings, LLC. (Attachments: # 1 Exhibit 1, # 2
`Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Frizzell, Jean) (Entered: 07/31/2020)
` Text Order DENYING 28 Motion to Stay entered by Judge Alan D Albright. Before the
`Court is Defendants' motion to stay. The COURT DENIES the stay for at least the
`following reasons:
`
` (1) The PTAB has not instituted the PGR.
` (2) Even if the PTAB institutes, the Court anticipates that the trial date will occur before
`the PGR's final written decision.
` (3) Allowing this case to proceed to completion will provide a more complete resolution
`of the issues including infringement, all potential grounds of invalidity, and damages.
` (4) The Court believes in the Seventh Amendment.
` (5) Plaintiff opposes the stay.
`
`(This is a text-only entry generated by the court. There is no document associated with this
`entry.) (jy) (Entered: 08/02/2020)
`29 ORDER SETTING TRIAL DATE AND OPENING DISCOVERY. Jury Selection set for
`9/7/2020 09:00AM before Judge Alan D Albright. Jury Trial set for 9/7/2020 09:00 AM
`before Judge Alan D Albright. Signed by Judge Alan D Albright. (mc5) (Entered:
`08/03/2020)
`30 NOTICE of Attorney Appearance by Jeffrey S. Whittle on behalf of Vulcan Industrial
`Holdings, LLC. Attorney Jeffrey S. Whittle added to party Vulcan Industrial Holdings,
`LLC(pty:dft) (Whittle, Jeffrey) (Entered: 08/05/2020)
`31 MOTION to Appear Pro Hac Vice by Jeffrey S. Whittle for Barry J. Herman ( Filing fee $
`100 receipt number 0542-13831798) by on behalf of Vulcan Industrial Holdings, LLC.
`(Whittle, Jeffrey) (Entered: 08/05/2020)
` Text Order GRANTING 31 Motion to Appear Pro Hac Vice for Attorney Barry J. Herman
`for Vulcan Energy Services, LLC, Vulcan Energy Services, LLC, Vulcan Industrial
`Holdings, LLC. The Court, having reviewed the Motion, finds it should be GRANTED
`and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice
`is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done
`so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District
`Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies
`and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice
`in this case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There
`is no document associated with this entry.) (sm3) (Entered: 08/06/2020)
`32 Proposed Scheduling Order by Kerr Machine Co.. (Magni, Rocco) (Entered: 08/10/2020)
`33 Scheduling Recommendations/Proposed Scheduling Order by Kerr Machine Co..
`(Attachments: # 1 Proposed Order)(Magni, Rocco) (Entered: 08/10/2020)
`34 SCHEDULING ORDER: Pretrial Conference set for 8/17/2021 09:00 AM before Judge
`Jeffrey C. Manske, Jury Selection set for 9/7/2021 09:00AM before Judge Alan D
`Albright, Jury Trial set for 9/7/2021 09:00 AM before Judge Alan D Albright, Amended
`Pleadings due by 2/25/2021, Joinder of Parties due by 1/14/2021, Motions due by
`6/25/2021. Signed by Judge Alan D Albright. (mc5) (Entered: 08/11/2020)
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`08/03/2020
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`08/05/2020
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`08/05/2020
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`08/06/2020
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`08/10/2020
`08/10/2020
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`08/11/2020
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`08/12/2020
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`08/28/2020
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`08/31/2020
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`35 Plaintiff's ANSWER to 25 Answer to Amended Complaint,, Counterclaim, by Kerr
`Machine Co..(Melton, Brian) (Entered: 08/12/2020)
`36 ORDER SETTING TELEPHONIC DISCOVERY HEARING. Discovery Hearing set for
`8/31/2020 02:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright.
`(mc5) (Entered: 08/28/2020)
`37 Minute Entry for proceedings held before Judge Alan D Albright: Discovery Hearing held
`on 8/31/2020. Case called for a telephonic discovery hearing. Plaintiff explained what their
`issue is. The Defendant responded. 30b6 depo to take place within the next 2 weeks
`abscense of any agreement of parties for 3 weeks. If deposition is done by 9/11 - the
`plaintiff's can file response to motion for change of venue by 10/2 - the reply from
`Defendant would be due 10/12. When the reply is filed the defendant need to letthe law
`clerk that the issue is ripe. There will be a hearing very quickly after issue is ripe. The
`Court will hold off regarding depositions of the 2 gentlemen. Parties need to get together
`before that to work out what the Plaintiff needs and what Defendant is agreeable with. If
`parties cannot resolve that issue the Court will then hold a hearing with a ruling. The
`parties should also discuss how long the information will take to be produced. (Minute
`entry documents are not available electronically.). (am) (Entered: 08/31/2020)
`
`PACER Service Center
`Transaction Receipt
`09/11/2020 09:22:54
`
`PACER
`Login:
`
`jdcabello:5474285:0 Client Code:
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`Kerr Pumps PGR
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`Description: Docket Report
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`Billable
`Pages:
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`6
`
`Search
`Criteria:
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`Cost:
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`6:20-cv-00200-
`ADA
`
`0.60
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