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This case was last updated from PACER on 05/08/2021 at 10:58:21 (UTC).

Fecon, LLC v. Right of Way Maintenance Equipment Company

Case Summary

On March 09, 2021. Fecon, Inc. ("Fecon"), represented by Danielle Joy Healey of Fish Richardson PC, filed an intellectual property lawsuit against Right of Way Maintenance Equipment Company ("ROWMEC"), seeking injunctive relief and damages for allegedly knowingly copying Fecon's patented technology and commercializing it without Fecon,s permission. This case was filed in U.S. District Court in the Southern District of Texas with Judge Lynn N. Hughes presiding.

 

Fecon filed this complaint for the alleged infringement of one or more claims under US Patent Nos. 9,943,037 ("the '037 patent") titled "Land Preparation Tool" and 10,806,094 ("the '094 patent") also titled "Land Preparation Tool" (the "Asserted Patents"), owned by Fecon by assignment. In general, the '037 and '094 patents are directed to improved attachment systems for land preparation tools, such as mulcher teeth.

 

In the complaint, Fecon alleged that “Fecon is the industry leader in forestry mulching attachments… Defendant ROWMEC is in the business of making and commercializing teeth that practice each of the '037 and '094 patents (the "Infringing Teeth"),.. On October 16, 2018, Fecon wrote Defendant ROWMEC, demanding that it cease and desist from infringing certain of Fecon's patents related to the Asserted Patents. Nevertheless, Defendant ROWMEC chose to exploit and commercialize Fecon's patented technology without permission. On information and belief, ROWMEC—prior to Fecon's filing of this complaint—was aware of all of the patents in the family of the Asserted Patents.”

 

There are two claims for relief laid down by Fecon, one for the alleged infringement of one or more claims of each of the Asserted Patents in violation of 35 U.S.C. § 271. Under count 1, Fecon alleged that “Defendant ROWMEC has infringed at least claim 16 of the '037 patent with full knowledge of the patent, both knowing and intending that Defendant ROWMEC's conduct infringe the '037 patent and under count 2, Fecon alleged that the Defendant ROWMEC has infringed at least claim 1 of the '094 patent with full knowledge of the patent, both knowing and intending that Defendant ROWMEC's conduct infringe the '094 patent.”

 

In the prayer for relief, Fecon has requested the court to pass and order to declare that ROWMEC has wilfully infringed one or more claims of both the Asserted Patents and to permanently enjoin Defendant ROWMEC, its officers, agents, suppliers, distributors, servants, employees, successors, assigns, and all persons acting in concert or participation with Defendant ROWMEC from continuing acts of infringement of the '037 and '094 patents. Fecon further requested the court to award damages attributable to the alleged infringement, including at least a reasonable royalty, together with pre-judgment and post-judgment interest, enhanced damages for Defendant ROWMEC's willful infringement under 35 U.S.C. § 284, and the costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00783

  • Filing Date:

    03/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Southern District

Judge Details

Presiding Judge

Lynn N Hughes

 

Party Details

Plaintiffs

FECON LLC

Fecon, LLC

Defendant

Right of Way Maintenance Equipment Company

Attorney/Law Firm Details

Plaintiff Attorney

Danielle Joy Healey

Attorney at Fish Richardson PC

1221 Mckinney St, Ste 2800

Houston, TX 77010

 

Court Documents

#5

(#5) Summons Issued as to Right of Way Maintenance Equipment Company. Issued summons delivered to plaintiff by NEF, filed.(JosephWells, 4) (Entered: 04/30/2021)

#4

(#4) Request for Issuance of Summons as to Right of Way Maintenance Equipment Company, filed.(Healey, Danielle) (Entered: 04/29/2021)

3 #1

Complaint

#3

(#3) US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JacquelineMataadi, 4) (Entered: 03/10/2021)

#2

(#2) ORDER FOR CONFERENCE. Initial Conference set for 6/7/2021 at 11:00 AM in Room 11122 before Judge Lynn N Hughes (Signed by Judge Lynn N Hughes) Parties notified.(JacquelineMataadi, 4) (Entered: 03/10/2021)

1 #4

Civil Cover Sheet

1 #3

Summons

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) COMPLAINT against Right of Way Maintenance Equipment Company (Filing fee $ 402 receipt number 0541-26084243) filed by FECON LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Summons, #4 Civil Cover Sheet)(Healey, Danielle) (Entered: 03/09/2021)

 

Docket Entries

  • 04/30/2021
  • View Court Documents
  • Docket(#5) Summons Issued as to Right of Way Maintenance Equipment Company. Issued summons delivered to plaintiff by NEF, filed.(JosephWells, 4) (Entered: 04/30/2021)

    Read MoreRead Less
  • 04/29/2021
  • View Court Documents
  • Docket(#4) Request for Issuance of Summons as to Right of Way Maintenance Equipment Company, filed.(Healey, Danielle) (Entered: 04/29/2021)

    Read MoreRead Less
  • 03/10/2021
  • View Court Documents
  • Docket(#3) US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JacquelineMataadi, 4) (Entered: 03/10/2021)

    Read MoreRead Less
  • 03/10/2021
  • View Court Documents
  • Docket(#2) ORDER FOR CONFERENCE. Initial Conference set for 6/7/2021 at 11:00 AM in Room 11122 before Judge Lynn N Hughes (Signed by Judge Lynn N Hughes) Parties notified.(JacquelineMataadi, 4) (Entered: 03/10/2021)

    Read MoreRead Less
  • 03/09/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Right of Way Maintenance Equipment Company (Filing fee $ 402 receipt number 0541-26084243) filed by FECON LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Summons, #4 Civil Cover Sheet)(Healey, Danielle) (Entered: 03/09/2021)

    Read MoreRead Less
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