This case was last updated from PACER on 06/14/2021 at 13:11:18 (UTC).

U.S. Well Services, Inc. et al v. Halliburton Company et al

Case Summary

On April 15, 2021, U.S. Well Services, Inc. and U.S. Well Services LLC (collectively, “USWS” or “Plaintiffs”), represented by Barden Todd Patterson, John Allen Yates, John H. Barr, Jr. and Kyrie Kimber Cameron of Patterson & Sheridan, LLP, filed an intellectual property lawsuit against Halliburton Company (“Halliburton”) and Cimarex Energy Co. (“Cimarex”) (collectively, “Defendants”), seeking a judgement, damages and enjoinment for allegedly unlawfully infringing “System for Pumping Hydraulic Fracturing Fluid using Electric Pumps and other patented technology owned by Plaintiff. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

USWS asserted that the Plaintiff, U.S. Well Services, LLC, is the owner by assignment of the ’410, 308 and 601 Patents, all entitled as “System for Pumping Hydraulic Fracturing Fluid using Electric Pumps”, the ’278 Patent, entitled “System for Centralized Monitoring and Control of Electric Powered Hydraulic Fracturing Fleet”, the ’728 Patent, entitled “Cold Weather Package for Oil Field Hydraulics”, ’840 and ’030 Patents, both entitled as “Electric Powered Pump Down.”

 

In its complaint, the Plaintiff alleged that, “Halliburton has committed acts of direct infringement of the ’410 Patent under 35 U.S.C. § 271(a) at least by making, using, selling, offering to sell, and/or importing into the United States products and systems described herein. Halliburton knowingly induces and/or contributes to the infringement of the ’410 Patent, including at least Claim 1. The Zeus Electric Pump of the Halliburton system is configured to pump fluid into the wellbore at high pressure so that the fluid passes from the wellbore into the formation, and fractures the formation, thereby infringing patent ’308.”

 

The Plaintiff further alleged that, “Halliburton’s products and/or services that infringe the ’278 Patent include, but are not limited to, hydraulic fracturing services with all-electric capabilities, which Halliburton refers to as its “All-Electric Fracturing Fleet”. It also infringes ’728 Patent by making, using, selling, importing, and/or offering for sale at least its All-Electric Fracturing Fleet and components”. Halliburton knowingly induces and/or contributes to the infringement of the ’601 Patent, including at least Claim 1, by inducing and/or contributing to the infringement of customers and end-users of the Halliburton system.”

 

The Plaintiff also alleged that, “Halliburton’s products and/or services that infringe the ’840 Patent include, but are not limited to, hydraulic fracturing services and equipment with all-electric capabilities, which Halliburton apparently refers to as the Halliburton “All-Electric Fracturing” Fleet in its published marketing brochures available on its website. And lastly, Defendants directly infringe—literally and/or under the doctrine of equivalents—at least representative Claim 1 of the ’030 Patent by making, using, selling, importing, and/or offering for sale at least the “All-Electric Fracturing” methods, system and components thereof at its “Electric Frac Operation Site.” 

 

There are seven claims for relief laid down by the Plaintiff, relating to the alleged infringement of one or more claims of the ‘410, 308, ‘278, ‘728, ‘604, ‘840 and ‘030 Patent.

 

In its prayer for relief, the Plaintiff has requested the Court to enter judgment that Defendant Halliburton has infringed and is infringing the Patents-in-suit literally and/or under the doctrine of equivalents, to pass an order enjoining Defendant Halliburton from further infringement of the Asserted Patents, and to award USWS damages in an amount sufficient to compensate it for Defendants’ infringement along with costs of litigation. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-00367

  • Filing Date:

    04/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiffs

U.S. Well Services, LLC

U.S. Well Services, Inc.

Defendants

Cimarex Energy Co.

Halliburton Company

Halliburton Energy Services, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

John Allen Yates

Attorney at Patterson & Sheridan, LLP

24 Greenway Plaza, Suite 1600

Houston, TX 77046

Barden Todd Patterson

Attorney at Patterson & Sheridan, LLP

24 Greenway Plaza, Suite 1600

Houston, TX 77046-2472

John H. Barr, Jr.

Attorney at Patterson + Sheridan, LLP

24 Greenway Plaza, Suite 1600

Houston, TX 77046

Kyrie Kimber Cameron

Attorney at Patterson & Sheridan, LLP

24 Greenway Plaza, Suite 1600

Houston, TX 77046-2472

Defendant Attorneys

Brian Christopher Nash

Attorney at Pillsbury Winthrop Shaw Pittman LLP

401 Congress Avenue, Suite 1700

Austin, TX 78701-3797

Austin Michael Schnell

Attorney at Pillsbury Winthrop Shaw Pittman LLP

401 Congress Ave, Suite 1700

Austin, TX 78701

Roger J. Fulghum

Attorney at Baker Botts LLP

One Shell Plaza, 910 Louisiana

Houston, TX 77002

 

Docket Entries

  • 06/08/2021
  • DocketReset Deadlines: June 21, 2021. (ir) (Entered: 06/08/2021)

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  • 06/08/2021
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  • DocketText Order MOOTING #12 Motion for Extension of Time to Answer entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 06/08/2021)

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  • 06/08/2021
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  • DocketText Order GRANTING #15 Motion for Extension of Time to Answer entered by Judge Alan D Albright. IT IS ORDERED that the motion is granted, and the new response date for Cimarex to answer or otherwise respond to Plaintiffs' First Amended Complaint is June 21, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 06/08/2021)

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  • 06/04/2021
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  • Docket(#15) Unopposed MOTION for Extension of Time to File Answer re #14 Amended Complaint, by Cimarex Energy Co.. (Attachments: #1 Proposed Order)(Nash, Brian) (Entered: 06/04/2021)

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  • 05/31/2021
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  • Docket(#14) AMENDED COMPLAINT against Cimarex Energy Co., Halliburton Energy Services, Inc. amending #1 Complaint,., filed by U.S. Well Services, Inc., U.S. Well Services, LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I)(Yates, John) (Entered: 05/31/2021)

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  • 05/31/2021
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  • Docket(#13) NOTICE by U.S. Well Services, Inc., U.S. Well Services, LLC (Yates, John) (Entered: 05/31/2021)

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  • 05/07/2021
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  • Docket(#12) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Cimarex Energy Co.. (Attachments: #1 Proposed Order)(Nash, Brian) (Entered: 05/07/2021)

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  • 04/30/2021
  • DocketReset Answer Deadlines: Halliburton Company answer due 6/21/2021. (bw) (Entered: 04/30/2021)

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  • 04/30/2021
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  • DocketText Order GRANTING #11 Motion for Extension of Time to Answer entered by Judge Alan D Albright. IT IS HEREBY ORDERED THAT the time for Defendant Halliburton Company to respond to Plaintiff's Complaint is extended to June 21, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 04/30/2021)

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  • 04/26/2021
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  • Docket(#11) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Halliburton Company. (Attachments: #1 Proposed Order)(Fulghum, Roger) (Entered: 04/26/2021)

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2 More Docket Entries
  • 04/19/2021
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  • Docket(#8) SUMMONS Returned Executed by U.S. Well Services, Inc., U.S. Well Services, LLC. Halliburton Company served on 4/16/2021, answer due 5/7/2021. (Yates, John) (Entered: 04/19/2021)

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  • 04/15/2021
  • 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: 04/15/2021)

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  • 04/15/2021
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  • Docket(#7) Summons Issued as to Cimarex Energy Co.. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#6) Summons Issued as to Halliburton Company. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#5) Corrected RULE 7 DISCLOSURE STATEMENT filed by U.S. Well Services, Inc., U.S. Well Services, LLC. (Yates, John) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Yates, John) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by U.S. Well Services, Inc., U.S. Well Services, LLC. (Yates, John) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by U.S. Well Services, Inc., U.S. Well Services, LLC. (Yates, John) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14701513), filed by U.S. Well Services, Inc., U.S. Well Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Civil Cover Sheet)(Yates, John) (Entered: 04/15/2021)

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