`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`91193704
`
`Plaintiff
`
`Caterpillar Inc.
`CHRISTOPHER P FOLEY
`FINNEGAN HENDERSON FARABOW ET AL
`901 NEW YORK AVENUE NW
`WASHINGTON, DC 20001 4413
`UNITED STATES
`
`docketing@finnegan.com, christopher.fo|ey@finnegan.com,
`susannah.ko|stad@finnegan.com, marybeth.wa|ker@finnegan.com
`
`Other Motions/Papers
`Michael R. Justus
`
`michael.justus@finnegan.com, docketing@finnegan.com,
`|arry.white@finnegan.com
`/Michael R. Justusl
`
`03/15/2013
`
`Second Justus Dec|.pdf ( 4 pages )(117274 bytes)
`Ex A —— ARID fi|e.pdf ( 7 pages )(447287 bytes )
`Ex B -- arid specimen.pdf ( 6 pages )(783317 bytes)
`Ex C -- big cat logo specimen.pdf ( 9 pages )(758728 bytes)
`Ex D -- big cat word mark specimen.pdf (2 pages )(1601254 bytes)
`Ex E -- Big Cat Press Re|eases.pdf ( 15 pages )(3007330 bytes)
`Ex F -- Website printouts.pdf (27 pages )(991797 bytes )
`Ex G -- ARID and Big Cat.pdf ( 14 pages )(318641 bytes)
`Ex H -- Fortune Most Admired.pdf ( 3 pages )(639906 bytes)
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA526940
`ESTTA Tracking number:
`03/15/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91193704
`Plaintiff
`Caterpillar Inc.
`CHRISTOPHER P FOLEY
`FINNEGAN HENDERSON FARABOW ET AL
`901 NEW YORK AVENUE NW
`WASHINGTON, DC 20001 4413
`UNITED STATES
`docketing@finnegan.com, christopher.foley@finnegan.com,
`susannah.kolstad@finnegan.com, marybeth.walker@finnegan.com
`Other Motions/Papers
`Michael R. Justus
`michael.justus@finnegan.com, docketing@finnegan.com,
`larry.white@finnegan.com
`/Michael R. Justus/
`03/15/2013
`Second Justus Decl.pdf ( 4 pages )(117274 bytes )
`Ex A -- ARID file.pdf ( 7 pages )(447287 bytes )
`Ex B -- arid specimen.pdf ( 6 pages )(783317 bytes )
`Ex C -- big cat logo specimen.pdf ( 9 pages )(758728 bytes )
`Ex D -- big cat word mark specimen.pdf ( 2 pages )(1601254 bytes )
`Ex E -- Big Cat Press Releases.pdf ( 15 pages )(3007330 bytes )
`Ex F -- Website printouts.pdf ( 27 pages )(991797 bytes )
`Ex G -- ARID and Big Cat.pdf ( 14 pages )(318641 bytes )
`Ex H -- Fortune Most Admired.pdf ( 3 pages )(639906 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`CATERPILLAR lNC.,
`
`Opposition No. 91193704
`
`Opposer,
`
`v.
`
`Application Serial No. 77617945
`Mark: BIG CAT
`
`Application Date: November 19, 2008
`
`Application Date: November 20, 2008
`
`BIG CAT ENERGY CORPORATION,
`
`Application Serial No. 77618417
`Mark: BIG CAT and Design
`
`Applicant.
`
`DECLARATION OF MICHAEL R. JUSTUS IN SUPPORT OF
`
`OPPOSER’S COMBINED REPLY AND RESPONSE TO
`
`APPL|CANT’S CROSS-MOTION FOR SUMMARY JUDGMENT
`
`I, Michael R. Justus, declare as follows:
`
`1.
`
`I am employed as an attorney with the law firm of Finnegan, Henderson,
`
`Farabow, Garrett, & Dunner, LLP (“Finnegan”), counsel of record for Opposer
`
`Caterpillar Inc. (“Caterpillar”) in this proceeding. The facts set forth in this Declaration
`
`are based upon my personal knowledge and/or records obtained from the U.S. Patent
`
`and Trademark Office (“PTO”) or from Caterpillar.
`
`2.
`
`Big Cat Energy Inc. is listed as the current record owner of U.S.
`
`Registration No. 3737407 for the mark ARID for “Gas well equipment, namely, well bore
`
`fluid redistribution equipment" in Class 7, which claims a date of first use in commerce
`
`of February 28, 2006 (the “AR|D Registration”). Based on the USPTO online records,
`
`the ARID Registration is valid and subsisting. (See TSDR printout and registration
`
`certificate enclosed as Exhibit A.)
`
`3.
`
`I reviewed the file history of the ARID Registration on the United States
`
`Patent and Trademark Office website. The specimen submitted in support of the ARID
`
`
`
`Registration (copy enclosed as Exhibit B) includes a depiction of a device that appears
`
`to be identical to the device shown in the specimens for opposed App. Serial Nos.
`
`77618417 and 77617945 (copies enclosed as Exhibits C and D, respectively).
`
`4.
`
`The specimen submitted in support of the ARID Registration includes a
`
`number of documents and photographs that appear to be identical to documents and
`
`photographs included in the specimen for opposed App. Serial No. 77618417 for the
`
`BIG CAT & Design mark, including documents that include only the ARID mark and not
`
`the BIG CAT & Design mark. (See Exhibits B, C.)
`
`5.
`
`The ARID Registration claims a date of first use in commerce identical to
`
`the date of first use in commerce claimed in opposed Application Serial Nos. 77618417
`
`and 77617945, i.e., February 28, 2006.
`
`6.
`
`Press releases on the Big Cat Energy website at www.bigcatenergy.com
`
`consistently refer to Big Cat Energy’s product as the “ARlD too|,” “AR|D technology,"
`
`and “ARlD System.” Many such references include use of the TM symbol or ® symbol
`
`after the ARID mark. Such press releases do not refer to a “BIG CAT too|," “BIG CAT
`
`technology,” or “BIG CAT System.” (See printouts of press releases enclosed as
`
`Exhibit E.)
`
`7.
`
`The Big Cat Energy websites at www.bigcatenergy.com and
`
`wvvw.aridtoo|.com consistently refer to App|icant’s technology covered by the opposed
`
`applications under the mark ARID. (See website printouts and brochure downloaded
`
`from aridtoo|.com website enclosed as Exhibit F.)
`
`
`
`8.
`
`The media and public associate Applicant’s technology exclusively with
`
`the ARID mark as illustrated by a NEXIS search of media mentions of Big Cat Energy
`
`and its ARID technology. (See representative articles enclosed as Exhibit G.)
`
`9.
`
`Caterpillar was recently awarded #20 overall on Fortune magazine's 2013
`
`list of the World’s Most Admired Companies and #1 in the “|ndustria| and Farm
`
`Equipment” category. (See website printout enclosed as Exhibit H.)
`
`I declare under penalty of perjury that the foregoing is true and correct pursuant to 28
`
`u.s.c. § 1746.
`
` Date: March 15,2013
`
`Michael R. Justus
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: (202) 408-4000
`Facsimile:
`(202)408-4400
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I served a copy of the foregoing DECLARATION OF
`
`MICHAEL R. JUSTUS IN SUPPORT OF OPPOSER’S COMBINED REPLY AND
`
`RESPONSE TO APPLlCANT’S CROSS-MOTION FOR SUMMARY JUDGMENT on
`
`counsel for Applicant by sending it via Federal Express overnight courier on March 15,
`
`2013, addressed as follows:
`
`Craig Miles
`Cheryl L. Anderson
`CR Miles, P.C.
`405 Mason Court, Suite 119
`Fort Collins, CO 80524-4464
`
`/s/ Larg White
`
`
`
`Caterpillar Inc.
`v.
`Big Cat Energy Corporation
`
`Declaration of Michael R. Justus
`
`
`
`
`
`Exhibit A
`
`
`
`“figb étatnzs’ Hf gm“.
`flutter: étatez ifiatent ant: fltrahemark Qfiffine
`
`ARID
`
`Reg_ No_ 3,737,407 BIG CAT ENERGY, INC. (NEVADA CORPORATION)
`Registered Jan. 12, 2010 121 WEST NTRINO STREET
`UPTON, WY 82730
`
`Int. CL: 7 FOR: GAS WELL EQUIPMENT, NAMELY, WELL BORE FLUID REDISTRIBUTION
`EQUIPMENT, IN CLASS 7 (U.S. CLS. 13, 19, 21, 23, 31, 34 AND 35).
`
`TRADEMARK FIRST USE 2-28-2006', IN COMIVJERCE 2-28-2006.
`PRINCIPAL REGISTER
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`SN 77-220,414, FILED 7-2-2007.
`
`INGA ERVIN, EXAMINING ATTORNEY
`
`Director ofdie United Slates Pulem and I':'ademLu'1< Office
`
`
`
`Generated on: This page was generated by TSDR on 2013-03-07 17:46:07 EST
`
`Mark:
`
`ARID
`
`Generated on 2013-03-07T17:46:07.061-05:00
`
`US Serial
`Number:
`
`77220414
`
`US Registration
`Number:
`
`3737407
`
`Register:
`
`Principal
`
`Mark Type:
`
`Trademark
`
`Application
`Filing Date:
`
`Registration
`Date:
`
`Jul. 02, 2007
`
`Jan. 12, 2010
`
`Status:
`
`Registered. The registration date is used to determine when post-registration
`maintenance documents are due.
`
`Status Date:
`
`Jan. 12, 2010
`
`Publication
`Date:
`
`Dec. 02, 2008
`
`Notice of
`Allowance Date:
`
`Feb. 24, 2009
`
`Mark Information
`
`Mark Literal
`Elements:
`
`ARID
`
`Standard
`Character Claim:
`
`Yes. The mark consists of standard characters without claim to any particular
`font style, size, or color.
`
`Mark Drawing
`Type:
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`The following symbols indicate that the(cid:160)registrant/owner has amended the goods/services:
`
`(cid:160)(cid:160)(cid:160)•(cid:160)Brackets [..] indicate deleted goods/services;
`(cid:160)(cid:160)(cid:160)•(cid:160)Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit
`of incontestability; and
`(cid:160)(cid:160)(cid:160)•(cid:160)Asterisks *..* identify additional (new) wording in the goods/services.
`
`For:
`
`Gas well equipment, namely, well bore fluid redistribution equipment
`
`
`
`International
`Class:
`
`007 - Primary Class
`
`U.S Class:
`
`013, 019, 021, 023, 031,
`034, 035
`
`Class Status:
`
`ACTIVE
`
`Basis:
`
`1(a)
`
`First Use:
`
`Feb. 28, 2006
`
`Use in Commerce: Feb. 28, 2006
`
`Filed Use:
`
`Filed ITU:
`
`Filed 44D:
`
`Filed 44E:
`
`Filed 66A:
`
`No
`
`Yes
`
`No
`
`No
`
`No
`
`Filed No Basis: No
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Amended Use: No
`
`Currently ITU: No
`
`Amended ITU: No
`
`Currently 44D: No
`
`Amended 44D: No
`
`Currently 44E: No
`
`Amended 44E: No
`
`Currently 66A: No
`
`Currently No
`Basis:
`
`No
`
`Current Owner(s) Information
`
`Owner Name: Big Cat Energy, Inc.
`
`Owner Address:
`
`121 West Merino Street
`Upton, WYOMING 82730
`UNITED STATES
`
`Legal Entity
`Type:
`
`CORPORATION
`
`State or Country
`Where Organized:
`
`NEVADA
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: Craig Miles
`
`Docket Number:
`
`242-07
`
`Correspondent
`Name/Address:
`
`Correspondent
`
`Craig Miles
`CR MILES, P.C.
`405 Mason Court
`Suite 119
`Fort Collins, COLORADO 80524
`UNITED STATES
`
`Phone:
`
`970-492-0000
`
`Fax:
`
`970-492-0003
`
`
`
`Correspondent e-
`mail:
`
`crmiles@crmiles.com
`
`Correspondent e-
`mail Authorized:
`
`No
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Description
`
`Proceeding
`Number
`
`Jan. 12, 2010
`
`REGISTERED-PRINCIPAL REGISTER
`
`Dec. 10, 2009
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`73797
`
`Dec. 10, 2009
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Sep. 09, 2009
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Aug. 13, 2009
`
`USE AMENDMENT FILED
`
`Aug. 13, 2009
`
`TEAS STATEMENT OF USE RECEIVED
`
`Feb. 24, 2009
`
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`
`Dec. 02, 2008
`
`PUBLISHED FOR OPPOSITION
`
`Nov. 12, 2008
`
`NOTICE OF PUBLICATION
`
`Oct. 24, 2008
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Oct. 24, 2008
`
`ASSIGNED TO LIE
`
`Oct. 15, 2008
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Sep. 24, 2008
`
`EXAMINER'S AMENDMENT ENTERED
`
`Sep. 24, 2008
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-
`MAILED
`
`Sep. 24, 2008
`
`EXAMINERS AMENDMENT E-MAILED
`
`Sep. 24, 2008
`
`EXAMINERS AMENDMENT -WRITTEN
`
`Aug. 04, 2008
`
`ATTORNEY REVOKED AND/OR APPOINTED
`
`Aug. 04, 2008
`
`TEAS REVOKE/APPOINT ATTORNEY RECEIVED
`
`May 07, 2008
`
`NON-FINAL ACTION MAILED
`
`May 07, 2008
`
`NON-FINAL ACTION WRITTEN
`
`Apr. 08, 2008
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Apr. 07, 2008
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Apr. 07, 2008
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Oct. 09, 2007
`
`NON-FINAL ACTION MAILED
`
`65362
`
`65362
`
`73797
`
`73797
`
`88888
`
`6328
`
`6328
`
`76840
`
`76840
`
`88889
`
`88889
`
`
`
`Oct. 09, 2007
`
`NON-FINAL ACTION WRITTEN
`
`Oct. 02, 2007
`
`ASSIGNED TO EXAMINER
`
`Jul. 05, 2007
`
`NEW APPLICATION ENTERED IN TRAM
`
`76840
`
`76840
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location:
`
`PUBLICATION AND ISSUE
`SECTION
`
`Date in Location: Dec. 10, 2009
`
`Assignment Abstract of Title Information
`
`Total
`Assignments:
`
`1
`
`Assignment 1 of 1
`
`Summary
`
`Registrant:
`
`Big Cat Energy, Inc.
`
`Conveyance:
`
`SECURITY INTEREST
`
`Reel/Frame:
`
`4149/0239
`
`Pages:
`
`9
`
`Date Recorded:
`
`Feb. 12, 2010
`
`Supporting
`Documents:
`
`assignment-tm-4149-0239.pdf
`
`Assignor
`
`Name:
`
`BIG CAT ENERGY
`CORPORATION
`
`Legal Entity Type: CORPORATION
`
`Execution Date:
`
`Jul. 27, 2009
`
`State or Country
`Where Organized:
`
`NEVADA
`
`Name:
`
`BARRITT, TIMOTHY, MR.
`
`Assignee
`
`Legal Entity Type:
`
`INDIVIDUAL
`
`Citizenship:
`
`UNITED STATES
`
`Address:
`
`121 W. MERINO STREET
`P.O. BOX 500
`UPTON, WYOMING 82730
`
`Name:
`
`MURPHY, RAYMOND, MR.
`
`
`
`Legal Entity Type:
`
`INDIVIDUAL
`
`Citizenship:
`
`UNITED STATES
`
`Address:
`
`121 W. MERINO STREET
`P.O. BOX 500
`UPTON, WYOMING 82730
`
`Name:
`
`STIFEL, RICHARD G., MR.
`
`Legal Entity Type:
`
`INDIVIDUAL
`
`Citizenship:
`
`UNITED STATES
`
`Address:
`
`121 W. MERINO STREET
`P.O. BOX 500
`UPTON, NEVADA 82730
`
`Correspondent
`
`Correspondent
`Name:
`
`CR MILES P.C.
`
`Correspondent
`Address:
`
`405 MASON COURT, SUITE 119
`FORT COLLINS, CO 80524
`
`Domestic Representative - Not Found
`
`
`
`Caterpillar Inc.
`v.
`Big Cat Energy Corporation
`
`Declaration of Michael R. Justus
`
`
`
`
`
`Exhibit B
`
`
`
`
`
`as am’ sotunon,
`
`Mun Mamas sense:
`
`COM. BED
`
`1.;-1.:
`
`
`
`
`
`
`
`
`
`Caterpillar Inc.
`v.
`Big Cat Energy Corporation
`
`Declaration of Michael R. Justus
`
`
`
`
`
`Exhibit C
`
`
`
`
`
`as am’ sotunon,
`
`Mun Mamas sense:
`
`COM. BED
`
`1.;-1.:
`
`
`
`
`
`
`
`Big Cat Energy Corp.
`201 W. Lal-ieway
`te 1000
`Gillette. WYH -
`1' 30'r'-685-31 »
`
`v.-mu‘.-e'_bigcatenergycom OTCBB BCTE
`
`
`
`6ig (‘at Energy Corp. Home
`
`H U M i;
`
`Cl'TIRI'('I!{J\l'|:
`
`('.'0J'\1.B-Ill}
`
`I E-.{.'I||l\<.'1l.(TIG‘I"
`
`CAT
`t \'r Hm" ("mar
`
`INVLK I0!-I INI-(‘J
`
`(IONIACI iNf'0
`
`t'1_W|KRI:l’(}RI
`
`l~“..ILIH\"1- Emit l.|l'l"I.-\l'I.\'
`
`_\'|_|[‘..'\-ti'[
`
`A REVOLUTIONARY New Mmion
`or PRODUCED WATER HANDLING
`
`Big Cat Energy Corporation has the patent rights to a new technology called Aquifer Recharge Injection
`Device (ARIDJ which allows Coal Bed Methane (CBM) operators to re—inject produced water at a fraction
`of the cost of current technology. This technology will he used by Big Cat Energy Corporation on a
`number ofwells in Wyoming.
`
`The ARID tool uses the existing well bare to move water from the target coal seam to a shallower
`depleted aquifer of similar water quality. With the ARID toot and process in use. the production well witl
`not require the discharge at any produced water. or the use of a separate re—injeclion well for any of the
`produced water. The produced water never leaves the well bore as it is redirected into different aquifer
`zones. These aquifers are easily identified from the geophysical logs the company runs to confirm the
`coal zones when the well is first drilled.
`
`\' luck i1_LH.=l
`
`I-- OICP-it RCTF
`
`[M £51 Nt\\i'_\'-
`
`your web browser does not support
`iframe.
`
`Mon November 10. 2008 : News Reteases : BIG CAT ENERGY
`PROVIDES OF’ERATtONS UPDATE (more...)
`
`Mon October 6. 2008 '_ News Releases : BIG CAT ENERGY
`ANNOUNCES COMPLETION OF 90 DAY TEST tmore...}
`
`Wed June 25. 2008 : News Releases ; BIG CAT ENERGY
`PROVIDES OPERATIONS UPDATE (more...)
`
`hm):.-'.-‘Wm-r.bigcatenergv.com.-’5_.'Hcme.htm {1 of 33 {11.t19."200B 4:09:41 PM]
`
`
`
`Eng (‘at Energy Corp. Home
`
`x.m-.-.bigcater.ergy-.com-'s_.'Hcme.htm [2 of 33 £119}?-"2003 4:09:42 PM]
`
`
`
`Big Cat Energy Corp. Home
`
`irttp:m«'ww.bigcaheneI'gy.ooITl!5IHon1e.hun (3 of 3) [l1.fl9:'2DOB 4:09:41 PM]
`
`
`
`Caterpillar Inc.
`v.
`Big Cat Energy Corporation
`
`Declaration of Michael R. Justus
`
`
`
`
`
`Exhibit D
`
`
`
`
`
`Caterpillar Inc.
`v.
`Big Cat Energy Corporation
`
`Declaration of Michael R. Justus
`
`
`
`
`
`Exhibit E
`
`
`
`
`
`Upton, Wyoming (August 10, 2009) Big Cat Energy Corporation (“Big Cat’) {BCTE: OTCBB), a leading
`supplier of water handling technology and servicfi to the coalbed methane industry, is pleased to
`announce that it has commenced installation of its ARID tool and technology on an expanded pilot well
`drilling project with Yates Petroleum. Big Cat Energy along with Yates Petroleum has begun the
`installation of ARID tools in a new field near Anrada Wyoming____(Read More)
`
`July 05, 2009
`
`ARID“ water management technology from Big Cat Energy To be boosted in market by Universal
`Well Site Solutions
`
`UPTON, WY — Big Cat Energy Corporation (OTCBB:BCTE) announced today that its ARID"
`underground water management system, which allows coal bed methane operators to re—iniect the
`water by-pmduct at a fraction of the cost of current technology, will be marketed in the US, by
`Universal Well Site Solutions, a CBM industry leader_____(Read More)
`
`March 09, 2009
`BIG CAT ENERGY ANNOUNCES THREE NEW CBM OPERATORS COMMENCES PILOT
`PROJECTS WITH THE ARID TOOL
`
`Upton, Wyoming, March 9, 2009 — Big Cat Energy Corporation, (OTCBB: BCTE)has added three more
`Coal Bed Methane (CBM) operators, one ofwhich is J_M_ Huber, to its ever growing list of producers
`wanting to test the ARID techno|ogy_____| Read More)
`
`December 15. 2003
`BIG CAT ENERGY ANNOUNCES ANOTHER CBM OPERATOR COMMENCES A LARGE PILOT
`PROJECT WITH THE ARID TOOL
`
`Gillette, Wyoming, December 15, 2003 — Big Cat Energy Corporation, (OTCBB: BCTE), today
`announcedthat Continental Production Company, LLC, contract operator for an undisclosed
`leaseholder, will start an aggressive 49 well project in the Powder River Basin of Wyoming.
`Continental, together with the |easeho|der____(Read More)
`
`Home | Big Cat Team | Coal Bed Methane Overview |AR|D Technology
`CBM Coal Bed Methane Landowner| Investors | Sitemag | Contact
`
`Big Cat Energy corp. 121 W Merino St, P.O. Box 500, Upton Wyoming 82730 | Phone 307-468-9369
`
`
`
`(.'B'l|IO\'"lZR\-'"EE“' A-\Rl])S0LUT[ON CBMIL-INDOWNER EN\-‘Ill0N1\rIEN'1" W‘.-ITERRECLALIATIDN REGULATORS
`
`i.\.l rim \'il|%l'
`
`U3 . L 85 CFDLRT
`
`rczws 1=;Er.i'«__:ts_£_
`
`SEC
`
`53.4..
`
`.-‘
`
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`OCTOBER 21, 2009
`ANOTHER MAJOR COALBED METHANE OPERATOR TAPS BIG CATS AOUIFER RE-
`INJEC'l1ON SYSTEM INITIATES ENVIRONMENTALLY FRIENDLY CBM WELL WATER
`HANDLING PILOT
`
`Upton, Wyoming (October 21, 2009) Big Cat Energy Corporation ("Big Cat") (BCTE: OTCBB); a
`leading supplier of water handling technology and services to the coalbed methane industry (”CBM"),
`is pleased to announce that it has commenced installation of its Aquifer Recharge injection (“AR|D“"’"}
`system on a pilot well drilling project for a major CBM operator. Big Cat is installing 2 ARJD systems
`near Gillette, Wyoming for this operator, with the potential installation of ARID Systems in 3 additional
`wells this calendar year.
`
`"We are very encouraged by the acceptance of the ARID system as the most environmentally friendly
`and cost effective water handling solution for the CBM industry’, said Tim Barritt, President and CEO
`of Big Cat Energy. "Responsible CBM operators are recognizing the significant time and cost savings
`that they can achieve when implementing Big Cats ARID system on CBM welts." added Mr. Barritt.
`
`Big Cat Energy has implemented its ARID system on numerous production wells for various CBM
`operators in the Powder River Basin. The CBM industry is now starting to recognize the value of the
`ARID System for low cost, environmentally friendly, produced water management. CBM companies
`are seeing a large per barrel cost savings using the ARlD process and at the same time witnessed the
`water conservation that is achieved for land owners.
`
`About Big Cat Energy Corporation
`
`Big Cat Energy Corporation works with Coal Bed Methane (CBM) well owners and operators that want
`to reduce the cost and environmental impact of CBM produced water. Big Cat provides these
`companies with its Aquifer Recharge Injection {ARl D) System to manage the thousands of gallons of
`CBM produced well water that would otherwise be discharged from our water sheds. Big Cats Aquifer
`Recharge injection System eliminates surface discharge of produced water, retains water for
`|andowner’s future use‘ reduces the time and cost to well production, and eliminates the majority of
`surface disturbances and reclamation costs.
`
`For further information, contact:
`For sales information contact Jim Farnsworth or Tim Barritt at 30?-468—9369 or email
`sales:’5z)'oiccateoerc'r.com, or visit our web site at hit
`.-i.-vi.i:i"caterie;'ov.cam.
`Shareholder Relations
`Tel: (877) 912-2283
`Email: i“\‘BS7I]F@flEE9=9fleFg£.Dl
`
`Home | Bio[3_atTe5_!i1|§9alBed_‘iiieii'iane C-vei'uier_r_ | ftRlD Techiiaioc-ii
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`(.'B'l|[O\"ER\-'"IE“' ARDJSOLUHON CB'MLAN'Il)W'.NER EN\i‘IKON1\iIEN'1" W'ATERRECLAlvIiilTIDN REGULATORS
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`JANUARY 12, 2010
`BIG CAT ENERGY'S ARID AQUIFER RECHARGE SYSTEM NOW U1'|L|ZED BY MAJOR
`REGIONAL CBM NATURAL GAS PRODUCERS TO REDUCE ENVIRONMENTAL FOOTPRINT
`AND OPERATING COSTS
`
`Upton, Wyoming (January 12,. 2010) Big Cat Energy Corporation (www.bigcatenergy.com} (“Big Cat")
`(BCTE: OTCBB), the supplier of the ARID Aquifer Recharge injection System that eliminates surface
`discharge of produced water from unconventional coal seam natural gas wells, coal mining operations,
`and large scale aquifer enhancement projects has now achieved successful ARID System installations
`with each of the major regional coalbed methane (CBM) gas producers.
`
`"We are now effectively moving large quantifies of CBM produced water in production wells for all the
`major CBM operators in the Powder River Basin.," said Tim Barntt, President and CEO of Big Cat
`Energy Corp "The current period oflow natural gas prices, along with the environmental issues of
`surface discharge, has made CBM operators take a hard look at their traditional water management
`costs and practices. We are proud that the Big Cat's ARID system is now considered a "Best Practice"
`solution to a complex environmental and economic problem," Mr. Barrrtt added.
`
`Where the ARID Aquifer Recharge Injection System has been installed, operators are cutting their
`water handling costs by up to ?5%. Those companies using the ARID System are also living up to
`their promise to reduce their environmental footprint. These companies should be commended for
`helping save some of the 650 million barrels of fresh water that is usually discharged annually by the
`CBM industry.
`
`"We are excited by the progress we are seeing with the ARID System installations," said Ray Murphy,
`COO of Big Cat Energy Corp. "Due to our successfulAR|D System installations, the CBM operators
`have initiated reviews of several more field locations where ARlD Systems will be more cost effective
`than surface discharge. These installations are a precursorto new CBM development that will take
`place in 2010 and with the increased difficulties in obtaining surface discharge permits, ARID is
`starting to be considered the only alternative for handling produced water." added Mr. Murphy
`
`About Big Cat Energy Corporation
`
`Big Cat Energy Corporation owns a technology called the ARlD Tool [Aquifer Recharge lnjection
`Device), a new method of water handling that provides operators of coalbed methane wells with the
`ability to redistribute produced water. This new technology allows processing of produced water at a
`fraction of the cost of current technology.
`For sales information contact Jim Farnsworth or Tim Barritt at 307-468-9369 or email
`Egegfllgg
`nergy corn, or visit our web site at its .
`t:iccatt-:r:e;g_~: ::1n_1
`O r coma ct:
`lnve stor Retatio ns
`i iwestc:r@.'ci:1c ateiter-3'-J. : om
`1—866—912—BCTE (2 283)
`Web: www.lE‘-rec allir. cc-m
`
`Fonivard-Looking Statements
`
`Portions of this document may constitute "fon-vard—|ooking statements" as defined by federal law.
`Although the company believes any such statements are based on reasonable assumptions, there is
`no assurance that actual outcomes will not be materially different. Any such statements are made in
`reliance on the "safe harbor" protections provided under the Private Securities Reform Act of 1995.
`Additional information about issues that could lead to material changes in performance is contained in
`the company's annual reports filed with the Securities and Exchange Commission.
`
`Home | Bio CatTea-rn | Goa] Bed
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`DECEMBER 15. 2008
`BIG CAT ENERGY ANNOUNCES ANOTHER OBM OPERATOR COMMENCES A LARGE PILOT
`PROJECT WITH THE ARID TOOL
`
`Gillette, Wyoming, December 15, ZDDB — Big Cat Energy Corporation, {OTCBEl: BCTE), today
`announced that Continental Production Company, LLC, contract operator for an undisclosed
`leaseholder, will start an aggressive 49 welt project in the Powder River Basin of Wyoming.
`Continental, together with the leaseholder, has designated two areas to install ARID tools for testing
`These pilot wells will determine the viability of the ARID system for the remaining wells in each project
`area. Big Cat Energy has started the permitting process for all 49 wells Once the pilot wells test data
`has been collected, and Continentals engineers and the leaseholder have confirmed that the ARlD
`tools are performing to expectation, the remaining ARID tools will be instailed at the operator‘s and
`|easeholder‘s discretion.
`
`About Big Cat Energy Corporation
`
`Big Cat Energy Corporation has developed a technology called the ARID Tool (Aquifer Recharge
`injection Device), a revolutionary new method of water handling that provides coal bed methane wells
`with the ability to redistribute produced water. This revolutionary new coal bed methane production
`technology will allow coal bed methane operators to process produced water at a fraction of the cost of
`current technology.
`
`Additional information on the ARID system as welt as Big Cat Energy Corporation is available at
`its .u"."..-.iw-».r.tii caizener-_ \,{.co-ni.
`Or contact:
`Investor Relations
`iI':‘.»'estor’53t:iau: atenerc-'.'.-: om
`1—866—912—BCTE (2283)
`
`Forward-Looking Statements
`
`Portions of this document may constitute ''forward—looking statements" as defined by federal law.
`Although the company believes any such statements are based on reasonable assumptions, there is
`no assurance that actual outcomes will not be materially different. Any such statements are made in
`reliance on the "safe harbor" protections provided under the Private Securities Reform Act of 1995.
`Additional information about issues that could lead to material changes in performance is contained in
`the company's annual reports filed with the Securities and Exchange Commission.
`
`Home | Sic. Cat Team | Goal Bed ‘ifleiltane O‘-xeniiei.-.r |A?lD Te=:hn':lcgv
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`(.'B'l|[O\"ER\-'"IE“' ARDJSOLUHON CB'MLAN'll)W'.NER EN\r‘IKON1\rIEt\T1" W'ATE.RRECLAl«Ir\TIDN REGULATORS
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`MARCH 09, 2009
`BIG CAT ENERGY ANNOUNCES THREE NEW CBM OPERATORS OOMMENCES PILOT
`PROJECTS WITH THE ARID TOOL
`
`Upton, Wyoming, March 9, 2009 — Big Cat Energy Corporation, {OTCBB: BCTE}, has added three
`more Coal Bed Methane (CBM) operators, one of which is J.lVl. Huber, to its ever growing list of
`producers wanting to test the ARID technology, Each of the new companies has operations in
`Wyoming's Powder River Basin. Tim Barritt: CEO and President of Big Cat Energy, said "With the
`weakening of the US. gas prices operators are now realizing just how large the cost savings is using
`the ARID System and how it affords them the ability to Keep wells operating even at current market
`levels and below."
`
`Big Cat Energy is currently working on approximately 51 permit applications from a variety of (IBM
`operators and continues to add to that number as new projects develop from existing clients and new
`operators who want to begin pilot projects in there respective areas. Once the pilot projects prove
`successful, the Company should realize significant future sales from these operators.
`
`in February 2009, Big Cat Energy staff gave a tour to officials from the Wyoming Department of
`Environmental Quality to get them more familiar with the operations of an ARID Tool in a CBM well.
`The tour went very well with questions asked from both sides ranging from ARID Tool mechanical
`operations to permitting guidelines to help streamline l.he Underground Injection Control permitting
`process
`
`New areas of interest for Big Cat Energy are projects in the Ralph basin in southern Colorado and
`northern New Mexico. Producers in the Raton Basin are looking at the viability and cost saving
`advantages of ARID as an alternate water handling method. As managing water produced by CBM
`wells becomes more difficult for producers, Big Cat Energy and the ARlD system has give them new
`ways to conserve precious water and save money. By Re—injecting produced water from the coal bed
`into a comparable receiving sand zone, located above or below the producing coal zone in the same
`well bore, producers are not only saving up to 85% in water handling costs they are storing a valuable
`natural resource for later use. About Big Cat Energy Corporation.
`
`About Big Cat Energy Corporation
`
`Big Cat Energy Corporation has developed a technology called the ARID Tool (Aquifer Recharge
`Injection Device), a revolutionary new method of water handling that provides coal bed methane wells
`with the ability to redistribute produced water. This revolutionary new coal bed methane production
`technology will allow coal bed methane operators to process produced water at a fiaction of the cost of
`current technology.
`
`Additional information on the ARID system as well as Big Cat Energy Corporation is available at
`.v‘.I’.3|l"-Efi-.e|'T':|L"'.-'1’ :7‘:
`
`0 r corita ct:
`lnve stor Relations
`'.:om
`ii'uestor-’:E'r;iacat-er‘:
`1—8t:‘i6—912—BCTE (2 283)
`
`Forward-Looking Statements
`
`Portions of this document may constitute "forward—|oolting statements" as defined by federal law.
`Although the company believes any such statements are based on reasonable assumptions, there is
`no assurance that actual outcomes will not be materially different. Any such statements are made in
`reliance on the "safe harbor" protections provided under the Private Securities Reform Act of 1995.
`Additional information about issues that could lead to material changes in performance is contained in
`the company's annual reports filed with the Securities and Exchange Commission.
`
`“-RlD_Te-:_i‘in;;ioc-~.r
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`: fi=§JG-UST 10, .?L{)t".i9
`
`AUGU 5T10. 2009
`BIG CAT STARTS WORK ON EXPANDED PILOT WELL PROJECT NEW PROJECT AREA TO BE
`STUDIED FOR POSSFBLE ADDITIONAL ARID TOOL INSTALLATTONS
`
`Upton, Wyoming (August 1D, 2009) Big Cat Energy Corporation ("Big Cat”) (BCTE. OTCBB), a leading
`supplier of water handling technology and services to the coalbed methane industry, is pleased to
`announce that it has commenced installation of its ARID tool and technology on an expanded pilot well
`drilling project with Yates Petroleum. Big Cat Energy along with Yates Petroleum has begun the
`Installation ofARlD tools in a new field near Arvada Wyoming. "This is a big step forward for the long—
`standing relationship between Big Cat and Yates Petroleum," said Mr Tim Barritl, President and CEO
`of Big Cat Energy. "This is the first ARID tool installation for Yates Petroleum and the first of six sites
`permitted for Yates in this area by Big Cat Energy." Big Cat Energy is working to get the remaining five
`sites completed for Yates Petroleum within the next few months. Upon completion of a successful test,
`Yates has asked Big Cat Energy to start looking at wells in other areas.
`
`Big Cat Energy has several test sites for CBM producing companies now in place in the Powder River
`Basin In all sites currently in operation‘ the ARID system has exceeded performance expectations.
`More and more CBM producers are looking at the ARID system to become their first choice in water
`handiing. CBM companies have realized a large cost savings using the ARID system for water
`handling, as apposed to other water handling methods and have witnessed the ability of the ARID
`system to leave in place and conserve the produced water for future use by land owners.
`
`Further information regarding the progress of this project and other Big Cat business development will
`be made in subseq



