This case was last updated from PACER on 05/07/2021 at 10:52:32 (UTC).

Billet Machine and Fabrication, Inc. v. FuelTech USA, LLC

Case Summary

On March 8, 2021, Billet Machine and Fabrication, Inc. (“Billet” or “Plaintiff”) represented by Erin Patrick Alper of Fish & Richardson, P.C. filed an intellectual property lawsuit against FuelTech USA, LLC (“FuelTech USA” or “Defendant”), seeking injunctive relief, damages among other reliefs for allegedly infringing Billet’s intellectual property relating fuel injectors. This case was filed in U.S. District Court in the Northern District of Georgia with Judge Amy Totenberg presiding. 

 

The Plaintiff alleges that the Defendants have infringed one or more claims under United States Patent Numbers 7,407,120 entitled “ Adjustable Racing Injector” (“the ʼ120 Patent”) and 8,316,825 entitled “Adjustable Racing Injector” (“the ‘825 Patent”) (collectively, the “Asserted Patents”) owned by Billet. 

 

Plaintiff in its complaint alleged that “The FuelTech Injector is a blatant copy of Billet’s injector. On first glance, the imitation FuelTech Injector (below right) is nearly indistinguishable from Billet’s injector (below left), except that the imitation injector has red molding and plastic caps. FuelTech USA has made, used, sold, offered for sale, and/or imported into the United States and is currently making, using, selling, offering for sale, and/or importing into the United States devices such as the “FT Injector”, and components thereof (collectively, the “Accused Products”).”

 

Plaintiff further alleged that “FuelTech USA has indirectly infringed and continues to indirectly infringe the ’120 Patent under 35 U.S.C. § 271(b) because it has induced, and continues to induce, third parties (including various drag racing teams that it sponsors, and other end-users of the Accused Products), to use the Accused Products. Such usage by third parties constitutes direct infringement of at least claim 1 of the ’120 Patent.” and even further that “FuelTech USA’s actions demonstrate an intent not only to have caused the above acts that form the basis of direct infringement by third parties, but also that it caused these acts with the specific intent to infringe the ’120 Patent. At a minimum, FuelTech USA’s conduct demonstrates that FuelTech USA either knew or should have known that the acts of such third parties directly infringed/infringe the ’120 Patent.”

 

The two claims for relief laid down by the Plaintiff are for the infringement of one or more claims of the ‘120 Patent and ‘825 Patent.

 

In the prayer for relief, Plaintiff has requested the court to pass an order that Defendant has infringed directly or indirectly one or more claims of the asserted patents, permanently enjoin FuelTech USA from infringing the asserted patents, and award Plaintiff damages together with pre-judgment and post-judgment interest for the alleged acts of infringement by the Defendant. Plaintiff further requested the court to order an accounting for acts of alleged infringement and treble the damages awarded to Plaintiff under 35 U.S.C. § 284 along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00974

  • Filing Date:

    03/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Amy Totenberg

 

Party Details

Plaintiff

Billet Machine and Fabrication, Inc.

Defendant

FuelTech USA, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Erin Patrick Alper

Attorney at Fish & Richardson, P.C.-Atl

21St Floor, 1180 Peachtree Street, Ne

Atlanta, GA 30309

Andrew Laan Paul Dommer

Attorney at Fish & Richardson

3200 Rbc Plaza, 60 South Sixth Street

Minneapolis, MN 55402

Jason Zucchi

Attorney at Fish & Richardson

3200 Rbc Plaza, 60 South Sixth Street

Minneapolis, MN 55402

 

Court Documents

#13

#12

#11

#10

#9

#8

#7

RESTRICTED

#6

RESTRICTED

#5

#4

#3

#2

1 #4

Proposed Incorrect Summons

1 #3

Civil Cover Sheet

1 #2

Exhibit -B

1 #1

Exhibit -A

#1

6 More Documents Available
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Docket Entries

  • 03/16/2021
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  • Docket(#13) CERTIFICATE of Compliance re Standing Order and Guidelines (Alper, Erin) (Entered: 03/16/2021)

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  • 03/16/2021
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  • Docket(#12) CERTIFICATE of Compliance re Standing Order and Guidelines (Dommer, Andrew) (Entered: 03/16/2021)

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  • 03/16/2021
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  • Docket(#11) CERTIFICATE of Compliance re Standing Order and Guidelines (Zucchi, Jason) (Entered: 03/16/2021)

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  • 03/15/2021
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  • Docket(#10) STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 3/15/21. (rlb) (Entered: 03/15/2021)

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  • 03/12/2021
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  • DocketORDER, by docket entry only, granting #6 and #7 Applications for Admission Pro Hac Vice. Entered by Judge Amy Totenberg on 3/12/21. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm) (Entered: 03/12/2021)

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  • 03/12/2021
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  • DocketAPPROVAL by Clerks Office re: #7 APPLICATION for Admission of Jason Zucchi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10807507).. Attorney Jason Zucchi added appearing on behalf of Billet Machine and Fabrication, Inc. (nmb) (Entered: 03/12/2021)

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  • 03/11/2021
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  • DocketAPPROVAL by Clerks Office re: #6 APPLICATION for Admission of Andrew Dommer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10807162).. Attorney Andrew Dommer added appearing on behalf of Billet Machine and Fabrication, Inc. (nmb) (Entered: 03/11/2021)

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  • 03/10/2021
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  • Docket(#9) Electronic Summons Issued as to FuelTech USA, LLC. (rlb) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#8) ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (dgs) (ADI) (Entered: 03/10/2021)

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  • 03/09/2021
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  • Docket(#7) APPLICATION for Admission of Jason Zucchi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10807507).by Billet Machine and Fabrication, Inc.. (Alper, Erin) Documents for this entry are not available for viewing outside the courthouse. (Entered: 03/09/2021)

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  • 03/09/2021
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  • Docket(#6) APPLICATION for Admission of Andrew Dommer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10807162).by Billet Machine and Fabrication, Inc.. (Alper, Erin) Documents for this entry are not available for viewing outside the courthouse. (Entered: 03/09/2021)

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  • 03/09/2021
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  • Docket(#5) PROPOSED SUMMONS filed by Billet Machine and Fabrication, Inc. (Alper, Erin) (Entered: 03/09/2021)

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  • 03/09/2021
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  • Docket(#4) TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 1/27/21. (eop) (Entered: 03/09/2021)

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  • 03/08/2021
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  • Docket(#3) AO Form 120 forwarded to Commissioner. (eop) (Entered: 03/09/2021)

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  • 03/08/2021
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  • Docket(#2) Certificate of Interested Persons by Billet Machine and Fabrication, Inc.. (eop) (Entered: 03/09/2021)

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  • 03/08/2021
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  • Docket(#1) COMPLAINT with Jury Demand filed by Billet Machine and Fabrication, Inc.. (Filing fee $402.00, receipt number AGANDC-10804210) (Attachments: #1 Exhibit -A, #2 Exhibit -B, #3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 3/9/2021: #4 Proposed Incorrect Summons) (eop). (Entered: 03/09/2021)

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