This case was last updated from U.S. District Courts on 10/02/2021 at 08:59:02 (UTC).

SWM International, LLC v. DynaEnergetics Europe GmbH et al

Case Summary

On August 3, 2021, SWM International, LLC (“SWM,” “Plaintiff”), represented by Elizabeth M. Chiaviello of Morgan Lewis and Bockius LLP, filed an intellectual property lawsuit against DynaEnergetics Europe GmbH and DynaEnergetics US, Inc. (collectively, “DynaEnergetics” or “Defendants”), seeking permanent injunctive relief, damages and attorneys’ fees and costs pursuant to 35 U.S.C. § 284 for the alleged infringement of the United States patent owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

The Plaintiff filed the complaint for the alleged infringement of the United States Patent No. 11,078,762 titled “Downhole Perforating Gun Tube and Components,” (the “’762 Patent” or “Asserted Patent”).

In the complaint, the Plaintiff alleged that, “SWM is the assignee of the ’762 Patent by a written assignment effective as of June 11, 2021, and duly recorded with the PTO on June 11, 2021, and is the exclusive owner of all rights, title, and interest in and to the invention claimed in the ’762 Patent and its underlying patent applications, including the right to sue for injunctive relief and the right to sue and recover for all past, present, and future damages for infringement of the ’762 Patent.”

The Plaintiff also alleged that, “In violation of 35 U.S.C. § 271(a), DynaEnergetics has infringed and is currently infringing one or more claims of the ’762 Patent. Without SWM’s authority, DynaEnergetics has made, used, offered to sell, sold, and/or imported into the United States the DS GravityTM (the “Accused Product”).”

There is only one claim for relief laid down by the Plaintiff, for the alleged infringement of the Asserted Patent.

In the prayer for relief, the Plaintiff has requested the Court to pass an order declaring that DynaEnergetics has infringed and is infringing the ’762 Patent along with permanent injunctive relief and an award of actual damages (but no less than a reasonable royalty) together with costs, expenses, and interest, including prejudgment interest, as provided for by 35 U.S.C. § 284. The Plaintiff also requested the Court for an award of treble damages pursuant to 35 U.S.C. § 284 and declare this as an exceptional case an award to Plaintiff their costs, expenses and disbursements in this action, including reasonable attorney fees, pursuant to 35 U.S.C. §§ 285.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00804

  • Filing Date:

    08/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

SWM International, LLC

Defendants

DynaEnergetics Europe GmbH

DynaEnergetics US, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

C. Erik Hawes

Attorney at Morgan, Lewis & Bockius, LLP

1000 Louisiana St., Suite 4000

Houston, TX 77002

Melissa Story

Attorney at Morgan Lewis and Bockius LLP

1000 Louisiana Street, Suite 4000

Houston, TX 77002

Nicholas A. Restauri

Attorney at Morgan, Lewis & Bockius LLP

110 North Wacker Drive

Chicago, IL 60606

Scott D. Sherwin

Attorney at Morgan, Lewis & Bockius LLP

110 North Wacker Drive

Chicago, IL 60606

Walter Scott Tester

Attorney at Morgan, Lewis & Bockius LLP

1400 Page Mill Road

Palo Alto, CA 94304

Elizabeth M. Chiaviello

Attorney at Morgan Lewis and Bockius LLP

1717 Main Street, Suite 3200

Dallas, TX 75201-7347

Defendant Attorneys

Eric H. Findlay

Attorney at Findlay Craft, P.C.

102 N. College Ave., Suite 900

Tyler, TX 75702

Brian Craft

Attorney at Findlay Craft, P.C.

102 N. College Ave., Suite 900

Tyler, TX 75702

 

Court Documents

13 #1

Proposed Order

#13

#12

#11

#10

#9

#8

#7

#6

#5

#4

#3

#2

1 #3

Civil Cover Sheet

1 #2

Exhibit B

1 #1

Exhibit A

#1

7 More Documents Available
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Docket Entries

  • 08/31/2021

  • DocketReset Deadlines: Defendants' answers due 11/16/2021. (lad) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#13) STIPULATION to Extend Defendant DynaEnergetics US, Inc.'s Deadline to Respond to SWM's Complaint by SWM International, LLC. (Attachments: #1 Proposed Order)(Chiaviello, Elizabeth) (Entered: 08/31/2021)

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  • 08/20/2021
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  • Docket(#12) WAIVER OF SERVICE Returned Executed by SWM International, LLC as to DynaEnergetics Europe GmbH. Waiver sent on 8/18/2021, answer due 11/16/2021. (Chiaviello, Elizabeth) (Entered: 08/20/2021)

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  • 08/20/2021
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  • Docket(#11) SUMMONS Returned Executed by SWM International, LLC. DynaEnergetics US, Inc. served on 8/11/2021, answer due 9/1/2021. (Chiaviello, Elizabeth) (Entered: 08/20/2021)

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  • 08/06/2021
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  • Docket(#10) Summons Issued as to DynaEnergetics Europe GmbH. (ir) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#9) Summons Issued as to DynaEnergetics US, Inc. (ir) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#8) REQUEST FOR ISSUANCE OF SUMMONS by SWM International, LLC. to DynaEnergetics Europe GmbH (Chiaviello, Elizabeth) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS by SWM International, LLC. to DynaEnergetics US, Inc. (Chiaviello, Elizabeth) (Entered: 08/06/2021)

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  • 08/05/2021
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  • DocketText Order GRANTING #6 Motion to Appear Pro Hac Vice for Attorney Scott D. Sherwin for SWM International, LLC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#6) MOTION to Appear Pro Hac Vice by Elizabeth M. Chiaviello for Scott D. Sherwin ( Filing fee $ 100 receipt number 0542-15085958) by on behalf of SWM International, LLC. (Chiaviello, Elizabeth) (Entered: 08/05/2021)

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  • 08/04/2021
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  • DocketText Order GRANTING #5 Motion to Appear Pro Hac Vice for Attorney Walter Scott Tester for SWM International, LLC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 08/05/2021)

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  • 08/04/2021
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  • DocketText Order GRANTING #4 Motion to Appear Pro Hac Vice for Attorney Nicholas A. Restauri for DYNAENERGETICS EUROPE GMBH and DYNAENERGETICS US, INC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 08/05/2021)

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  • 08/04/2021
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  • Docket(#5) MOTION to Appear Pro Hac Vice by Elizabeth M. Chiaviello for Walter Scott Tester ( Filing fee $ 100 receipt number 0542-15084462) by on behalf of SWM International, LLC. (Chiaviello, Elizabeth) (Entered: 08/04/2021)

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  • 08/04/2021
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  • Docket(#4) MOTION to Appear Pro Hac Vice by Elizabeth M. Chiaviello for Nicholas A. Restauri ( Filing fee $ 100 receipt number 0542-15084456) by on behalf of SWM International, LLC. (Chiaviello, Elizabeth) (Entered: 08/04/2021)

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  • 08/03/2021

  • DocketAll parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (Entered: 08/06/2021)

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  • 08/03/2021

  • 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. (bw) (Entered: 08/04/2021)

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  • 08/03/2021
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  • DocketDocument #3 was not flattened. Please notice that all documents are required to be flattened upon filing. The US Clerk's Office will flatten any document needed prior but all parties MUST flatten documents going forward. Contact the Clerk's Office for any questions. (jc5) (Entered: 08/04/2021)

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  • 08/03/2021
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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. (Chiaviello, Elizabeth) (Main Document 3 replaced on 8/4/2021) (jc5). (Entered: 08/03/2021)

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  • 08/03/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by SWM International, LLC. (Chiaviello, Elizabeth) (Entered: 08/03/2021)

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  • 08/03/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15079872). No Summons requested at this time, filed by SWM International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Chiaviello, Elizabeth) (Entered: 08/03/2021)

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