Case 6:20-cv-01110-ADA Document 25 Filed 03/25/21 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`DYNAENERGETICS EUROPE GMBH, and
`DYNAENERGETICS US, INC.,
`
`
`Civil Action No: 6:20-cv-01110-ADA
`
`
`
`
`
`Plaintiffs,
`
`v.
`
`YELLOW JACKET OIL TOOLS, LLC and
`G&H DIVERSIFIED MANUFACTURING, LP
`
`Defendants.
`
`CASE READINESS STATUS REPORT
`
`Plaintiffs DynaEnergetics Europe GmbH and DynaEnergetics US, Inc. (collectively,
`
`“DynaEnergetics”) and Defendants Yellow Jacket Oil Tools, LLC and G&H Diversified
`
`Manufacturing, LP (“Defendants”), hereby provide the following status report in advance of the
`
`initial Case Management Conference (CMC).
`
`FILING AND EXTENSIONS
`
`Plaintiffs’ Complaint was filed on December 4, 2020. Plaintiffs filed an Amended
`
`Complaint on February 12, 2021. There have been two extensions to Answer. Defendant Yellow
`
`Jacket Oil Tools, LLC received an extension to the original Complaint for 30 days and received
`
`an extension to the Amended Complaint for 14 days. Defendants Yellow Jacket Oil Tools, LLC
`
`and G&H Diversified Manufacturing, LP’s response to the Amended Complaint was filed on
`
`March 19, 2021.
`
`1
`
`
`GHDGHD
`
`10331033
`
`Page 1 of 5 (PGR2021-00078)
`G&H DIVERSIFIED MANUFACTURING, LP v. DYNAENERGETICS EUROPE GMBH
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`DYNAENERGETICS EUROPE GMBH, and
`DYNAENERGETICS US, INC.,
`
`
`Civil Action No: 6:20-cv-01110-ADA
`
`
`
`
`
`Plaintiffs,
`
`v.
`
`YELLOW JACKET OIL TOOLS, LLC and
`G&H DIVERSIFIED MANUFACTURING, LP
`
`Defendants.
`
`CASE READINESS STATUS REPORT
`
`Plaintiffs DynaEnergetics Europe GmbH and DynaEnergetics US, Inc. (collectively,
`
`“DynaEnergetics”) and Defendants Yellow Jacket Oil Tools, LLC and G&H Diversified
`
`Manufacturing, LP (“Defendants”), hereby provide the following status report in advance of the
`
`initial Case Management Conference (CMC).
`
`FILING AND EXTENSIONS
`
`Plaintiffs’ Complaint was filed on December 4, 2020. Plaintiffs filed an Amended
`
`Complaint on February 12, 2021. There have been two extensions to Answer. Defendant Yellow
`
`Jacket Oil Tools, LLC received an extension to the original Complaint for 30 days and received
`
`an extension to the Amended Complaint for 14 days. Defendants Yellow Jacket Oil Tools, LLC
`
`and G&H Diversified Manufacturing, LP’s response to the Amended Complaint was filed on
`
`March 19, 2021.
`
`1
`
`
`GHDGHD
`
`10331033
`
`Page 1 of 5 (PGR2021-00078)
`G&H DIVERSIFIED MANUFACTURING, LP v. DYNAENERGETICS EUROPE GMBH
`
`
`
`Case 6:20-cv-01110-ADA Document 25 Filed 03/25/21 Page 2 of 5
`
`RESPONSE TO THE COMPLAINT
`
`Defendant Yellow Jacket Oil Tools, LLC responded to the Complaint with a Motion to
`
`Dismiss on January 29, 2021. Plaintiffs filed an Amended Complaint on February 12, 2021.
`
`Defendants responded to the Amended Complaint with a Renewed Motion to Dismiss Plaintiffs’
`
`Claims or Alternatively Transfer to the Southern District of Texas on March 19, 2021.
`
`PENDING MOTIONS
`
`Defendants’ Renewed Motion to Dismiss Plaintiffs’ Claims or Alternatively Transfer to
`
`the Southern District of Texas.
`
`RELATED CASES IN THIS JUDICIAL DISTRICT
`
`1.
`
`2.
`
`3.
`
`DynaEnergetics Europe GmbH v. GR Energy Services Operating GP LLC, No.
`6:21-cv-00085-ADA (WDTX) (asserting U.S. Patent No. 10,844,697)
`
`DynaEnergetics Europe GmbH v. NexTier Oilfield Sols., Inc., No. 6:20-cv-01201-
`ADA (WDTX) (asserting U.S. Patent No. 10,844,697)
`
`DynaEnergetics Europe GmbH v. Rock Completion Tools, LLC, No. 6:21-cv-
`00084-ADA (WDTX) (asserting U.S. Patent No. 10,844,697)
`
`The listed cases involve the same asserted patent, but different accused products and are
`
`at different stages, such that the instant case is ready to proceed and for the CMC to be
`
`scheduled.
`
`Defendants note that for the three related cases Answers are due as following: the Answer
`
`in Cause No. 6:20-cv-01201 is due on April 7, 2021 (ECF 18), the Answer in Cause No: 6:21-cv-
`
`00084 is due on May 30, 2021 (ECF 21), and the Answer in Cause No. 6:21-cv-00085 was due
`
`on March 22, 2021 and Defendant in that case filed a Motion to Dismiss on March 22 (ECF 25).
`
`As such, Defendants defer to the Court as to whether it wishes to hold a status conference now or
`
`at the same time as it holds status conferences in the three related cases.
`
`2
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`Page 2 of 5 (PGR2021-00078)
`G&H DIVERSIFIED MANUFACTURING, LP v. DYNAENERGETICS EUROPE GMBH
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`
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`Case 6:20-cv-01110-ADA Document 25 Filed 03/25/21 Page 3 of 5
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`IPR, CBM, AND OTHER PGR FILINGS
`
`There are no known IPR, CBM, or other PGR filings.
`
`NUMBER OF ASSERTED PATENTS AND CLAIMS
`
`Plaintiffs are asserting one patent and at least six claims, including without limitation
`
`claims 1, 2, 8-10, and 13.
`
`APPOINTMENT OF TECHNICAL ADVISER
`
`The parties do not request a technical adviser to be appointed to the case to assist the
`
`Court with claim construction or other technical issues.
`
`MEET AND CONFER STATUS
`
`Plaintiffs and Defendant conducted a meet and confer conference. The parties have no
`
`pre- Markman issues to raise at the CMC.
`
`March 25, 2021
`
`Respectfully submitted,
`
`By: /s/Eric H. Findlay
`Eric H. Findlay
`Texas Bar No. 00789886
`Brian Craft
`Texas Bar No. 04972020
`FINDLAY CRAFT P.C.
`102 N. College Avenue, Suite 900
`Tyler, TX 83402
`Telephone: (903) 534-1100
`Facsimile: (903) 534-1137
`Email: efindlay@findlaycraft.com
`Email: bcraft@findlaycraft.com
`
`Barry J. Herman (pro hac vice)
`Maryland Federal Bar No. 26061
`Stephanie M. Nguyen (pro hac vice)
`DC Bar No. 1046300
`Julie C. Giardina (pro hac vice)
`Maryland Federal Bar No. 21085
`WOMBLE BOND DICKINSON (US) LLP
`100 Light St, 26th Floor
`Baltimore, MD 21202
`
`3
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`Page 3 of 5 (PGR2021-00078)
`G&H DIVERSIFIED MANUFACTURING, LP v. DYNAENERGETICS EUROPE GMBH
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`
`
`Case 6:20-cv-01110-ADA Document 25 Filed 03/25/21 Page 4 of 5
`
`Telephone: (410) 545-5830
`Email: Barry.Herman@wbd-us.com
`Telephone: (410) 545-5873
`Email: Stephanie.Nguyen@wbd-us.com
`Telephone: (410) 545-5802
`Email: Julie.Giardina@wbd-us.com
`
`Preston H. Heard (pro hac vice)
`Georgia Bar No. 476319
`WOMBLE BOND DICKINSON (US) LLP
`271 17th Street, NW, Suite 2400
`Atlanta, GA 30363
`Telephone: (404) 888-7366
`Email: Preston.Heard@wbd-us.com
`
`Lisa J. Moyles (pro hac vice)
`Connecticut State Bar No. 425652
`Jason M. Rockman (pro hac vice)
`New York Bar No. 4450953
`MOYLES IP, LLC
`One Enterprise Drive, Suite 428
`Shelton, CT 06484
`Telephone: (203) 428-4420
`Email: lmoyles@moylesip.com
`Email: jrockman@moylesip.com
`
`Attorneys for Plaintiffs DynaEnergetics Europe
`GmbH and DynaEnergetics US, Inc.
`
`4
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`Page 4 of 5 (PGR2021-00078)
`G&H DIVERSIFIED MANUFACTURING, LP v. DYNAENERGETICS EUROPE GMBH
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`
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`Case 6:20-cv-01110-ADA Document 25 Filed 03/25/21 Page 5 of 5
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 25, 2021, I electronically filed the foregoing document
`
`with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
`
`via electronic mail to all counsel of record.
`
`/s/Eric H. Findlay
`Eric H. Findlay
`
`Page 5 of 5 (PGR2021-00078)
`G&H DIVERSIFIED MANUFACTURING, LP v. DYNAENERGETICS EUROPE GMBH
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`
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