This case was last updated from PACER on 08/27/2021 at 17:08:18 (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.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

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

  • Courthouse:

    Texas Western District

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 Attorney

Elizabeth M. Chiaviello

Attorney at Morgan Lewis and Bockius LLP

1717 Main Street, Suite 3200

Dallas, TX 75201-7347

 

Court Documents

#12

(#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)

#11

(#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)

#10

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

#9

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

#8

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

#7

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

#6

(#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)

#5

(#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)

#4

(#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)

#3

(#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)

#2

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

1 #3

Civil Cover Sheet

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#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)

4 More Documents Available
View All Documents

 

Docket Entries

  • 08/20/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/20/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/06/2021
  • View Court Documents
  • Docket(#10) Summons Issued as to DynaEnergetics Europe GmbH. (ir) (Entered: 08/06/2021)

    Read MoreRead Less
  • 08/06/2021
  • View Court Documents
  • Docket(#9) Summons Issued as to DynaEnergetics US, Inc. (ir) (Entered: 08/06/2021)

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

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

    Read MoreRead Less
  • 08/05/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/05/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 08/03/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 08/03/2021
  • View Court Documents
  • 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)

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

    Read MoreRead Less
  • 08/03/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where DynaEnergetics Europe GmbH is a litigant

Latest cases where DynaEnergetics US, Inc. is a litigant

Latest cases represented by Lawyer Elizabeth M. Chiaviello