This case was last updated from U.S. District Courts on 12/13/2021 at 18:32:18 (UTC).

BJ ENERGY SOLUTIONS, LLC v. EVOLUTION WELL SERVICES, LLC

Case Summary

On June 29, 2021, BJ Energy Solutions, LLC (“BJES” or “Plaintiff”), represented by Christopher A. Shield of Gray Reed & McGraw LLP and Joseph S. Grinstein and Max L. Tribble, Jr. of Susman Godfrey, L.L.P., filed an Intellectual Property Lawsuit against Evolution Well Services, LLC (“EWS'' or “Defendant”), seeking declaration of infringement, compensatory damages, and costs of litigation for EWS’s alleged unlawful infringement of U.S. Patent No. 9,395,049 (the “’049 Patent”), owned by BJES. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

In its complaint, the Plaintiff alleged that, “BJES is the owner of all rights, title, and interest in and to the ’049 Patent, including the right to assert all causes of action arising under the ’049 Patent and the right to any remedies for the infringement of the ’049 Patent. The inventors of the ’049 Patent assigned all rights, title, and interest in the inventions and patent application to Baker Hughes Incorporated on August 12, 2013. Baker Hughes Incorporated assigned all rights, title, and interest in the ’049 Patent to BJ Services, LLC, on December 23, 2016. BJ Services, LLC, assigned all rights, title, and interest in the ’049 Patent to BJES on August 28, 2020.”

The Plaintiff further alleged that, “EWS has directly infringed and continues to directly infringe, literally and/or under the doctrine of equivalents, one or more claims, including at least claims 1, 2, 3, 6, 7, 8, 13, 15, 18, 19, and 20, of the ’049 Patent in violation of 35 U.S.C. § 271(a) because EWS makes, uses, offers for sale, sells, and/or imports certain products, including within this District, such mobile hydraulic fracturing delivery systems and methods that are implemented in at least the vehicles comprising Evolution Wells Services’ E Fleet system. EWS’s infringing use of the E Fleet system includes its internal use and testing of the E Fleet system.”

It was further alleged by the Plaintiff that, “EWS does so knowing and intending that its customers and end users will commit these infringing acts. EWS also continues to make, use, offer for sale, sell, and/or import the E Fleet vehicles, despite its knowledge of the ’049 Patent, thereby specifically intending for and inducing its customers to infringe the ’049 Patent through the customers’ normal and customary use of the E Fleet vehicles.” 

Plaintiff also alleged that, “In addition, EWS has indirectly infringed and continues to indirectly infringe the ’049 Patent in violation of 35 U.S.C. § 271(c) by selling or offering to sell in the United States, or importing into the United States, the E Fleet vehicles with knowledge that they are especially designed or adapted to operate in a manner that infringes that patent and despite the fact that the infringing technology or aspects of the products are not a staple article of commerce suitable for substantial non-infringing use.” 

There is one claim for relief by the Plaintiff dealing with the alleged infringement of the ’049 Patent.  

In its prayer for relief the Plaintiff requested the court to enter an order against Defendant finding that EWS infringes one or more claims of the ’049 Patent, that EWS has induced and/or contributed to infringement literally and/or under the doctrine of equivalents to infringement of one or more claims of the ’049 Patent, awarding damages pursuant to 35 U.S.C. § 284 adequate to compensate BJES for EWS’s past infringement of the Patents-in-Suit, and declaring that this is an exceptional case entitling BJES to its reasonable attorneys’ fees under 35 U.S.C. § 285.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00682

  • Filing Date:

    06/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

BJ ENERGY SOLUTIONS, LLC

Defendants

EVOLUTION WELL SERVICES, LLC

EVOLUTION WELL SERVICES OPERATING, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Joseph S. Grinstein

Attorney at Susman Godfrey, L.L.P.

1000 Louisiana, Suite 5100

Houston, TX 77002

Max L. Tribble, Jr.

Attorney at Susman Godfrey L.L.P.

1000 Louisiana, Suite 5100

Houston, TX 77002-5096

Christopher Aaron Shield

Attorney at Gray Reed

1300 Post Oak Blvd, Suite 2000

Houston, TX 77056

Beatrice C. Franklin

Attorney at Susman Godfrey L.L.P.

1301 Avenue Of The Americas, 32Nd Floor

New York, NY 10019

Defendant Attorneys

Dwayne L. Mason

Attorney at Greenburg Traurig LLP

1000 Louisiana Street, Suite 1700

Houston, TX 77077

Roland Garcia, Jr.

Attorney at Greenberg Traurig, L.L.P.

1000 Louisiana, Suite 1700

Houston, TX 77002-3095

 

Court Documents

#37

(#37) SCHEDULING ORDER:Markman Hearing set for 4/18/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 5/30/2022. Amended Pleadings due by 8/8/2022. Dispositive and Daubert Motions due by 1/23/2023. Pretrial Conference set for 3/2/2023 before Judge Alan D Albright. Jury Selection set for 4/17/2023 before Judge Jeffrey C. Manske. Jury Trial set for 4/17/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (ir) (Entered: 11/23/2021)

#36

(#36) Joint MOTION for Entry of a Scheduling Order by BJ ENERGY SOLUTIONS, LLC. (Grinstein, Joseph) (Entered: 11/22/2021)

#35

(#35) ORDER GRANTING #34 Motion for Entry of Order re #20 ; GRANTING IN PART AND DENYING IN PART #20 Motion to Dismiss for Failure to State a Claim. Signed by Judge Alan D Albright. (lad) (Entered: 11/17/2021)

34 #1

Proposed Order

#34

(#34) Joint MOTION for Entry of Order Granting in Part and Denying in Part Evolution's Motion to Dismiss re #20 Motion to Dismiss for Failure to State a Claim Evolution Well Services, LLC's and Evolution Well Services Operating, LLC's Opposed Rule 12(b)(6) Motion to Dismiss Claims of Indirect Infringement by BJ ENERGY SOLUTIONS, LLC. (Attachments: #1 Proposed Order)(Grinstein, Joseph) (Entered: 11/15/2021)

#33

(#33) REPLY to Response to Motion, filed by EVOLUTION WELL SERVICES OPERATING, LLC, EVOLUTION WELL SERVICES, LLC, re #24 MOTION to Stay Case Defendants Evolution Well Services, LLC's and Evolution Well Services Operating, LLC's Motion to Stay Pending Resolution of the Motion to Transfer filed by Defendant EVOLUTION WELL SERVICES, LLC, Defendant EVOLUTION WELL SERVICES OPERATING, LLC (Mason, Dwayne) (Entered: 11/15/2021)

24 #1

Proposed Order

20 #1

Proposed Order

#20

(#34) Joint MOTION for Entry of Order Granting in Part and Denying in Part Evolution's Motion to Dismiss re #20 Motion to Dismiss for Failure to State a Claim Evolution Well Services, LLC's and Evolution Well Services Operating, LLC's Opposed Rule 12(b)(6) Motion to Dismiss Claims of Indirect Infringement by BJ ENERGY SOLUTIONS, LLC. (Attachments: #1 Proposed Order)(Grinstein, Joseph) (Entered: 11/15/2021)

#6

#5

#4

#3

#2

1 #3

Civil Cover Sheet Civil Cover Sheet

1 #2

Exhibit ExhB

1 #1

Exhibit ExhA

#1

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Docket Entries

  • 11/23/2021
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  • Docket(#37) SCHEDULING ORDER:Markman Hearing set for 4/18/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 5/30/2022. Amended Pleadings due by 8/8/2022. Dispositive and Daubert Motions due by 1/23/2023. Pretrial Conference set for 3/2/2023 before Judge Alan D Albright. Jury Selection set for 4/17/2023 before Judge Jeffrey C. Manske. Jury Trial set for 4/17/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (ir) (Entered: 11/23/2021)

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  • 11/22/2021
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  • Docket(#36) Joint MOTION for Entry of a Scheduling Order by BJ ENERGY SOLUTIONS, LLC. (Grinstein, Joseph) (Entered: 11/22/2021)

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  • 11/16/2021
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  • Docket(#35) ORDER GRANTING #34 Motion for Entry of Order re #20 ; GRANTING IN PART AND DENYING IN PART #20 Motion to Dismiss for Failure to State a Claim. Signed by Judge Alan D Albright. (lad) (Entered: 11/17/2021)

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  • 11/15/2021
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  • Docket(#34) Joint MOTION for Entry of Order Granting in Part and Denying in Part Evolution's Motion to Dismiss re #20 Motion to Dismiss for Failure to State a Claim Evolution Well Services, LLC's and Evolution Well Services Operating, LLC's Opposed Rule 12(b)(6) Motion to Dismiss Claims of Indirect Infringement by BJ ENERGY SOLUTIONS, LLC. (Attachments: #1 Proposed Order)(Grinstein, Joseph) (Entered: 11/15/2021)

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  • 11/15/2021
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  • Docket(#33) REPLY to Response to Motion, filed by EVOLUTION WELL SERVICES OPERATING, LLC, EVOLUTION WELL SERVICES, LLC, re #24 MOTION to Stay Case Defendants Evolution Well Services, LLC's and Evolution Well Services Operating, LLC's Motion to Stay Pending Resolution of the Motion to Transfer filed by Defendant EVOLUTION WELL SERVICES, LLC, Defendant EVOLUTION WELL SERVICES OPERATING, LLC (Mason, Dwayne) (Entered: 11/15/2021)

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  • 11/08/2021
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  • Docket(#32) Response in Opposition to Motion, filed by BJ ENERGY SOLUTIONS, LLC, re #24 MOTION to Stay Case Defendants Evolution Well Services, LLC's and Evolution Well Services Operating, LLC's Motion to Stay Pending Resolution of the Motion to Transfer filed by Defendant EVOLUTION WELL SERVICES, LLC, Defendant EVOLUTION WELL SERVICES OPERATING, LLC (Grinstein, Joseph) (Entered: 11/08/2021)

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  • 11/04/2021
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  • Docket(#31) NOTICE of Attorney Appearance by Beatrice C. Franklin on behalf of BJ ENERGY SOLUTIONS, LLC (Franklin, Beatrice) (Entered: 11/04/2021)

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  • 11/01/2021
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  • Docket(#30) NOTICE of Service re Plaintiff's Preliminary Infringement Contentions by BJ ENERGY SOLUTIONS, LLC (Grinstein, Joseph) (Entered: 11/01/2021)

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  • 10/27/2021
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  • Docket(#29) NOTICE Notice Regarding Unopposed Request to Extend Deadline for Motion to Dismiss Opposition by BJ ENERGY SOLUTIONS, LLC (Grinstein, Joseph) (Entered: 10/27/2021)

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  • 10/27/2021
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  • Docket(#28) NOTICE Notice Regarding Venue Discovery by BJ ENERGY SOLUTIONS, LLC (Grinstein, Joseph) (Entered: 10/27/2021)

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24 More Docket Entries
  • 07/13/2021
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  • Docket(#8) MOTION to Appear Pro Hac Vice by Max L. Tribble, Jr on behalf of Beatrice C. Franklin ( Filing fee $ 100 receipt number 0542-15006863) by on behalf of BJ ENERGY SOLUTIONS, LLC. (Attachments: #1 Proposed Order)(Tribble, Max) (Entered: 07/13/2021)

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  • 07/13/2021
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  • Docket(#7) SUMMONS Returned Executed by BJ ENERGY SOLUTIONS, LLC. EVOLUTION WELL SERVICES, LLC served on 7/9/2021, answer due 7/30/2021. (Shield, Christopher) (Entered: 07/13/2021)

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  • 06/30/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Max L. Tribble, Jr on behalf of BJ ENERGY SOLUTIONS, LLC (Tribble, Max) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Joseph S. Grinstein on behalf of BJ ENERGY SOLUTIONS, LLC (Grinstein, Joseph) (Entered: 06/30/2021)

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  • 06/29/2021
  • DocketCase 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. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#4) Summons Issued as to EVOLUTION WELL SERVICES, LLC. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Shield, Christopher) (Entered: 06/29/2021)

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  • 06/29/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by BJ ENERGY SOLUTIONS, LLC. (Shield, Christopher) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14962532), filed by BJ ENERGY SOLUTIONS, LLC. (Attachments: #1 Exhibit ExhA, #2 Exhibit ExhB, #3 Civil Cover Sheet Civil Cover Sheet)(Shield, Christopher) (Attachment 3 replaced on 6/29/2021) (lad). (Entered: 06/29/2021)

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