Owen Oil Tools v. Hunting Titan Et. Al.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION OWEN OIL TOOLS
LP Plaintiff, v. HUNTING TITAN, LTD. and TITAN SPECIALTIES, LTD., TITAN G.P., L.L.C., TSI ACQUISITION HOLDINGS, L.L.C., and HUNTING ENERGY SERVICES, INC. Defendants
CIVIL ACTION NO. 2:12cv34
JURY TRIAL DEMANDED
PLAINTIFFS ORIGINAL COMPLAINT Plaintiff Owen Oil Tools LP respectfully files this Original Complaint for patent infringement against Defendants Hunting Titan, Ltd., Titan Specialties, Ltd., Titan G.P., L.L.C., TSI Acquisition Holdings, L.L.C., and Hunting Energy Services, Inc. PARTIES 1. Plaintiff Owen Oil Tools LP (Owen) is a Delaware limited partnership with its
principal place of business at 6316 Windfern Road, Houston, Texas 77040. 2. Defendant Hunting Titan, Ltd. (Hunting Titan) is a Texas limited partnership
with its principal place of business at 11785 Highway 152, Pampa, Texas 79065. 3. Defendant Titan Specialties, Ltd. (Titan) is a Texas limited partnership with its
principal place of business at 11785 Highway 152, Pampa, Texas 79065. 4. Defendant Titan G.P., L.L.C. (Titan GP) is a Texas limited liability corporation
with its principal place of business at 2838 West Alcock, Pampa, Texas 79065.

5.
Defendant TSI Acquisition Holdings, L.L.C. (TSI) is a Delaware limited
liability corporation with its principal place of business at 11785 Highway 152, Pampa, Texas 79065. 6. Defendant Hunting Energy Services, Inc. (Hunting Energy) is a Delaware
corporation with its principal place of business at 2 Northpoint Drive, Suite 400, Houston, Texas, 77060. JURISDICTION AND VENUE 7. This is an action for patent infringement under the Patent Laws of the United
States, 35 U.S.C. 271, et seq. 8. 1338(a). 9. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and 1400(b). FACTS 10. On December 20, 2011, the United States Patent and Trademark Office duly and This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
legally issued United States Patent No. 8,079,296 (the 296 patent), entitled Device and Methods for Firing Perforating Guns. 11. Owen holds all right, title, and interest in and to the 296 patent (a true and correct
copy of which is attached hereto as Exhibit A). 12. Defendants make, use, sell, and offer for sale products and services that infringe
the 296 patent, including, but not limited to, the Hunting Titan Detonation Actuated Firing Head system and related component parts, and engages in these infringing activities in the Eastern District of Texas.
13.
Defendants also contribute to and induce infringement of the 296 patent by,
among other things, instructing and directing infringers in assembling infringing products and carrying out infringing activities, and knowingly supplying component parts that are especially made and/or adapted for infringing uses. 14. Defendants are using infringing technology to compete directly with Owen and
are causing irreparable harm to Owens business by their infringing activities. CAUSES OF ACTION A. INFRINGEMENT OF THE 296 PATENT 15. 16. Owen incorporates the foregoing paragraphs as if fully set forth here. Defendants have been, and are now, directly infringing and indirectly infringing
by way of inducing infringement and/or contributing to the infringement of the 296 patent in the State of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, licensing, selling, offering for sale, or importing products and services covered by one or more claims of the 296 patent, all to the injury of Owen. 17. Defendants acts of infringement have been willful, deliberate, and in reckless
disregard of Owens patent rights, and will continue unless permanently enjoined by this Court. 18. Owen has been damaged by Defendants infringement of the 296 patent in an
amount to be determined at trial, and has suffered and will continue to suffer irreparable loss and injury unless Defendants are permanently enjoined from infringing the 296 patent. B. REQUEST FOR PRELIMINARY INJUNCTION 19. 20. 21. Owen incorporates the foregoing paragraphs as if fully set forth here. Owens claims satisfy the standard for a preliminary injunction. Owen has a likelihood of success on the merits in this case.
22.
Owen is a direct competitor of Defendants in the oilfield tools business and
Defendants ongoing infringement of the 296 patent has caused and is causing irreparable harm to Owens business. 23. The balance of harms and the public interest both favor the granting of a
preliminary injunction. 24. Because of this, the Court should grant a preliminary injunction enjoining
Defendants from infringing the 296 patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff Owen Oil Tools LP prays for the following relief against Defendants Hunting Titan, Ltd., Titan Specialties, Ltd., Titan G.P., L.L.C., TSI Acquisition Holdings, L.L.C., and Hunting Energy Services, Inc. A. A judgment in favor of Plaintiff that Defendants have infringed, directly and
indirectly, by way of inducing infringement and/or contributing to the infringement of the 296 patent; B. A preliminary injunction enjoining Defendants along with their officers, directors,
agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from infringing, inducing the infringement of, or contributing to the infringement of the 296 patent; C. A permanent injunction enjoining Defendants along with their officers, directors,
agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from infringing, inducing the infringement of, or contributing to the infringement of the 296 patent; D. A judgment and order requiring Defendants to pay Plaintiff damages for their
infringement of the 296 patent, together with interest (both pre- and post-judgment), costs and disbursements as fixed by this Court under 35 U.S.C. 284;
E.
A judgment and order finding Defendants infringement willful and awarding
treble the amount of damages and losses sustained by Plaintiff as a result of Defendants infringement under 35 U.S.C. 284; F. A judgment and order finding that this is an exceptional case within the meaning
of 35 U.S.C. 285 and awarding to Plaintiff its reasonable attorneys fees; and G. entitled. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of any and all issues triable of right before a jury. Respectfully submitted,
AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C.
Such other and further relief in law or in equity to which Plaintiff may be justly
/s/ Steven J. Mitby _____________________ Steven J. Mitby LEAD ATTORNEY Fed. I.D. No. 33591 State Bar No. 27037123 1221 McKinney Street, Suite 3460 Houston, Texas 77010 Telephone: 713-655-1101 Facsimile: 713-655-0062 John Zavitsanos Fed. I.D. No. 9122 State Bar No. 22251650 Reed Smith Fed. I.D. No. (pending admission) State Bar No. 24067875 1221 McKinney Street, Suite 3460 Houston, Texas 77010 Telephone: 713-655-1101 Facsimile: 713-655-0062
T. John Ward, Jr. State Bar No. 00794818 [email protected] Wesley Hill State Bar No. 24032294 [email protected] Claire Abernathy Henry State Bar No. 24053063 [email protected] WARD & SMITH LAW FIRM 111 W. Tyler Street Longview, Texas 75601 (903) 757-6400 (telephone) (903) 757-2323 (facsimile) ATTORNEYS FOR PLAINTIFF
4820-2984-0910, v. 1

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION OWEN OIL TOOLS

CIVIL ACTION NO. 2:12cv34

JURY TRIAL DEMANDED

Defendant TSI Acquisition Holdings, L.L.C. (TSI) is a Delaware limited

Owen is a direct competitor of Defendants in the oilfield tools business and

A judgment and order finding Defendants infringement willful and awarding

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