Cameron International Corporation v. Nitro Fluids L.L.C. Do not docket in this case. Case is consolidated under 4:18cv02533.
| Cameron International Corporation |
| Nitro Fluids L.L.C. |
| 4:2021cv01017 |
| March 29, 2021 |
| US District Court for the Southern District of Texas |
| Lynn N Hughes |
| Lee H Rosenthal |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
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Filing 70
ORDER TO CONSOLIDATE CASES: Lead Case No. 4:18cv2533 and Member Case No. 4:21cv1017. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 69
ORDER REASSIGNING CASE terminating #68 . Case reassigned to Judge Lynn N Hughes for all further proceedings. Chief Judge Lee H Rosenthal no longer assigned to the case. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 68 NOTICE of Related Case by Nitro Fluids L.L.C., filed. (Attachments: #1 Exhibit A)(Cabello, Jesus) |
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Filing 67
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 6/25/2021 at 10:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(mmapps, 4)
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| Filing 66 Case transferred in from Texas Western. Case Number 6:20-cv-00125; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 65
ORDER GRANTING #17 Motion to Transfer Case to SDTX. Signed by Judge Alan D Albright. (bw)
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| Case transferred to District of Southern District of Texas - Houston Division. (bw) |
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Filing 64
ORDER GRANTING #58 Motion to Suspend All Deadlines Pending Resolution of Motions to Transfer or Dismiss (Dkt. 16, 17). Signed by Judge Alan D Albright. (mc5)
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| Filing 63 Joint MOTION for Entry of Confidentiality and Protective Order by Cameron International Corporation. (Attachments: #1 Exhibit A - [Proposed] Protective Order)(Keville, John) |
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Filing 62
Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1)
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| Filing 61 NOTICE of Attorney Appearance by Derek T. Gilliland on behalf of Nitro Fluids L.L.C.. Attorney Derek T. Gilliland added to party Nitro Fluids L.L.C.(pty:dft) (Gilliland, Derek) |
| Filing 60 RESPONSE in Support, filed by Nitro Fluids L.L.C., re #58 Opposed MOTION to Stay Motion to Suspend All Deadlines Pending Resolution of Motions to Transfer or Dismiss (Dkt 16, 17) filed by Defendant Nitro Fluids L.L.C. (Cabello, J.) |
| Filing 59 Response in Opposition to Motion, filed by Cameron International Corporation, re #58 Opposed MOTION to Stay Motion to Suspend All Deadlines Pending Resolution of Motions to Transfer or Dismiss (Dkt 16, 17) filed by Defendant Nitro Fluids L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Keville, John) |
| Filing 58 Opposed MOTION to Stay Motion to Suspend All Deadlines Pending Resolution of Motions to Transfer or Dismiss (Dkt 16, 17) by Nitro Fluids L.L.C.. (Attachments: #1 Proposed Order)(Cabello, J.) |
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Filing 57
ORDER GRANTING #44 Motion to Extend Scheduling Order Deadlines: Amended Pleadings due by 11/16/2020, Dispositive/Daubert Motions due by 6/16/2021, Pretrial Conference set for 8/16/2021 before Judge Alan D Albright, Jury Trial set for 8/23/2021 before Judge Alan D Albright, Signed by Judge Alan D Albright. (lad)
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| Filing 56 Proposed Scheduling Order Joint Motion for Entry of Proposed Second Amended Scheduling Order by Cameron International Corporation. (Attachments: #1 Exhibit A - [Proposed] Second Amended Scheduling Order)(Keville, John) |
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Filing 55
Claim Construction ORDER. Signed by Judge Alan D Albright. (lad)
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Filing 54
Federal Circuit ORDER re #35 Writ of Mandamus to Federal Circuit on #33 Order Denying Motion to Dismiss, Order Denying Motion to Transfer Case. IT IS ORDERED THAT: The petition is granted to the extent that the district courts June 16, 2020 order is vacated, and the district court is directed to conduct further proceedings consistent with this order. Signed by Judge Unassigned. (lad)
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| Filing 53 BRIEF by Nitro Fluids L.L.C.. (Cabello, J.) |
| Filing 52 Transcript filed of Proceedings held on 10-16-20, Proceedings Transcribed: Markman hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/9/2020, Redacted Transcript Deadline set for 11/19/2020, Release of Transcript Restriction set for 1/18/2021, (kd) |
| Filing 51 Minute Entry for proceedings held before Judge Alan D Albright. Markman Hearing held on 10/16/2020. Case called for Markman Hearing. The Court heard both sides claim constructions on the patents and made rulings. The Court discussed his normal trial procedures - each of the two cases will have a separate trial but right now they will be set on the same date and probably both will have voir dire on the same date and then once one trial is over, the other will begin. The judge will seat 7 jurors with 4 strikes per side. The Judge will probably allow 13 - 15 hours per side to present their case. The Court is going to set the Jury Trial date on 8/23/21. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(bw) |
| Filing 50 NOTICE Joint Claim Construction Statement by Cameron International Corporation (Attachments: #1 Exhibit A - Joint Identification of Disputed Terms and the Parties' Proposed Constructions)(Keville, John) |
| Filing 49 BRIEF by Nitro Fluids L.L.C.. (Cabello, J.) |
| Filing 48 BRIEF regarding #41 Brief, by Cameron International Corporation. (Keville, John) |
| Filing 47 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Exhibit, #2 Proposed Order) (Cabello, J.) |
| Filing 46 BRIEF regarding #40 Brief, by Cameron International Corporation. (Keville, John) |
| Filing 45 BRIEF by Nitro Fluids L.L.C.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14)(Cabello, J.) |
| Filing 44 Joint MOTION to Extend Scheduling Order Deadlines Joint Motion for Entry of Proposed First Amended Scheduling Order by Cameron International Corporation. (Attachments: #1 Exhibit A, [Proposed] First Amended Scheduling Order)(Keville, John) |
| Filing 43 Transcript filed of Proceedings held on 8-26-20, Proceedings Transcribed: Telephonic Discovery Hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/1/2020, Redacted Transcript Deadline set for 10/12/2020, Release of Transcript Restriction set for 12/9/2020, (kd) |
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Filing 42
ORDER RESETTING MARKMAN HEARING. Markman Hearing reset for 10/16/2020 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw)
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| Filing 41 BRIEF by Cameron International Corporation. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit S, #19 Exhibit T)(Keville, John) |
| Filing 40 BRIEF by Nitro Fluids L.L.C.. (Attachments: #1 Tolman Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Cabello, J.) |
| Filing 39 Minute Entry for proceedings held before Judge Alan D Albright. Telephone Conference held on 8/26/2020. Case called for telephonic discovery hearing. The defendant presented their discovery issue. The Court heard from both sides and decided at this time he will deny without prejudice the defendant's request regarding discovery. The Court finds that it is too early to request such discovery pre-Markman. The Court finds that, if they wish, post-Markman the defendant's may amend their invalidity contentions. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(bw) |
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Filing 38
ORDER SETTING TELEPHONIC DISCOVERY HEARING, Discovery Hearing set for 8/26/2020 02:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am)
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| Filing 37 Courtesy copies of docs filed in Federal Circuit case 20-142 received in Clerk's Office. (lad) |
| Filing 36 The Court's copy of Nitro Fluids, LL.C.'s Petition for Writ of Mandamus and Appendix, filed July 24, 2020. (bw) |
| Filing 35 Notice of Docketing with USCA Federal Circuit: A Writ of Mandamus has been filed and assigned the Federal Circuit case number 2020-142. (am) |
| Filing 34 Transcript filed of Proceedings held on 6-9-20, Proceedings Transcribed: Telephonic Discovery Hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 7/16/2020, Redacted Transcript Deadline set for 7/27/2020, Release of Transcript Restriction set for 9/23/2020, (kd) |
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Filing 33
***VACATED PER #54 *** ORDER DENYING #16 Motion to Dismiss and DENYING #17 Motion to Transfer Case. Signed by Judge Alan D Albright. (bw) Modified on 10/28/2020 (lad).
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Filing 32
SCHEDULING ORDER: Markman Hearing set for 1/8/2021 01:30 PM before Judge Alan D Albright, Joinder of Parties due by 2/19/2021, Amended Pleadings due by 4/5/2021, Dispositive/Daubert Motions due by 10/15/2021. Signed by Judge Alan D Albright. (lad)
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| Filing 31 Proposed Scheduling Order Joint Motion for Entry of Proposed Scheduling Order by Cameron International Corporation. (Attachments: #1 [Proposed] Scheduling Order)(Keville, John) |
| Filing 30 Minute Entry for proceedings held before Judge Alan D Albright. Telephone Conference held on 6/9/2020. Case called for telephonic discovery hearing. The defendant has received infringement contentions and feels that they are lacking. There are 5 terms that they feel are not complete. Counsel references all 5 terms. The Court finds that he is denying the relief that he requests. The Court finds that the contentions are sufficient now but they will definitely not be sufficient after the Markman Hearing. The Court does not feel that the defendant's invalidity contentions will be affected, but after the Markman Hearing if the Defendant feels that there is something that would have changed defendant's information based on today's ruling he may bring it up. The Court is liberal in allowing changes to contentions after the Markman. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(bw) |
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Filing 29
ORDER RESETTING TELEPHONIC HEARING. Telephone Conference reset for 6/9/2020 03:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw)
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Filing 28
ORDER. Telephone Conference set for 6/8/2020 03:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw)
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Filing 27
ORDER SETTING MARKMAN HEARING, MARKMAN HEARING in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 West Fifth Street, Austin, TX, on Friday, January 08, 2021 at 01:30 PM. Signed by Judge Alan D Albright. (am)
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| Filing 26 Minute Entry for proceedings held before Judge Alan D Albright: Telephone Conference held on 5/29/2020. Case called for telephonic scheduling conference. Parties have reached an agreed Markman Hearing on January 8, 2021 and it will be 1/2 day. The Court answered several questions and explained his normal Markman proceedings. Parties explained there are fully briefed dispositive motions. The Court said that they will review and get Orders out on those motions and will set a hearing if the court needs further information from the parties. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lad) |
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Filing 25
ORDER, Telephone Conference set for 5/29/2020 02:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am)
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| Filing 24 REPLY to Response to Motion, filed by Nitro Fluids L.L.C., re #16 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3) filed by Defendant Nitro Fluids L.L.C. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16)(Zinda, Stephen) |
| Filing 23 REPLY to Response to Motion, filed by Nitro Fluids L.L.C., re #17 Opposed MOTION to Transfer Case Under 28 U.S.C. 1404(a) filed by Defendant Nitro Fluids L.L.C. (Zinda, Stephen) |
| Filing 22 Response in Opposition to Motion, filed by Cameron International Corporation, re #16 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3) filed by Defendant Nitro Fluids L.L.C. (Attachments: #1 Proposed Order)(Keville, John) |
| Filing 21 Response in Opposition to Motion, filed by Cameron International Corporation, re #17 Opposed MOTION to Transfer Case Under 28 U.S.C. 1404(a) filed by Defendant Nitro Fluids L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Keville, John) |
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Filing 20
ORDER GOVERNING PROCEEDINGS PATENT CASE. Signed by Judge Alan D Albright. (mc5)
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| Filing 19 NOTICE Plaintiff, Cameron International Corporation's Notice of Readiness for Scheduling Conference by Cameron International Corporation (Keville, John) |
| Filing 18 ANSWER to #1 Complaint with Jury Demand by Nitro Fluids L.L.C..(Zinda, Stephen) |
| Filing 17 Opposed MOTION to Transfer Case Under 28 U.S.C. 1404(a) by Nitro Fluids L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Affidavit of Wesley Clayton, #24 Proposed Order)(Zinda, Stephen) Modified on 3/25/2021 to open motion per #54 (bw). |
| Filing 16 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3) by Nitro Fluids L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Proposed Order)(Zinda, Stephen) |
| Filing 15 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada) |
| Reset Answer Deadlines: Nitro Fluids L.L.C. answer due 4/24/2020. (bw) |
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Text Order GRANTING #14 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall have up to and including April 24, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Nitro Fluids L.L.C.. (Attachments: #1 Proposed Order)(Cabello, J.) |
| Filing 13 NOTICE of Attorney Appearance by James H. Hall on behalf of Nitro Fluids L.L.C.. Attorney James H. Hall added to party Nitro Fluids L.L.C.(pty:dft) (Hall, James) |
| Filing 12 NOTICE of Attorney Appearance by Stephen D. Zinda on behalf of Nitro Fluids L.L.C.. Attorney Stephen D. Zinda added to party Nitro Fluids L.L.C.(pty:dft) (Zinda, Stephen) |
| Filing 11 NOTICE of Attorney Appearance by J. David Cabello on behalf of Nitro Fluids L.L.C.. Attorney J. David Cabello added to party Nitro Fluids L.L.C.(pty:dft) (Cabello, J.) |
| Filing 10 SUMMONS Returned Executed by Cameron International Corporation. Nitro Fluids L.L.C. served on 3/3/2020, answer due 3/24/2020. (Keville, John) |
| Filing 9 Summons Issued as to Nitro Fluids L.L.C.. (bw) |
| Filing 8 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Keville, John) |
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Text Order GRANTING #6 Motion to Appear Pro Hac Vice. 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.) (jy)
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Text Order GRANTING #7 Motion to Appear Pro Hac Vice. 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. 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). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
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| Filing 7 MOTION to Appear Pro Hac Vice by Evan Lewis ( Filing fee $ 100 receipt number 0542-13223649) by on behalf of Cameron International Corporation. (Lewis, Evan) |
| Filing 6 MOTION to Appear Pro Hac Vice by Merritt D. Westcott ( Filing fee $ 100 receipt number 0542-13223549) by on behalf of Cameron International Corporation. (Westcott, Merritt) |
| Filing 5 RULE 7 DISCLOSURE STATEMENT filed by Cameron International Corporation. (Keville, John) |
| Filing 4 Pursuant to the Standing Order Regarding Patent Trademark Cases effective 12/9/19, Attorneys filing Patent/Trademark cases in TXWD Waco division must prepare the attached form AO120 and e-file using the event NOTICE OF FILING OF PATENT/TRADEMARK FORM upon opening of the case. (Attachments: #1 AO120) (bw) |
| Case 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) |
| Filing 3 NOTICE of Attorney Appearance by William M. Logan on behalf of Cameron International Corporation. Attorney William M. Logan added to party Cameron International Corporation(pty:pla) (Logan, William) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Cameron International Corporation. (Keville, John) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13217602), filed by Cameron International Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Keville, John) |
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| Search for this case: Cameron International Corporation v. Nitro Fluids L.L.C. Do not docket in this case. Case is consolidated under 4:18cv02533. | |
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| Defendant: Nitro Fluids L.L.C. | |
| Represented By: | Derek T. Gilliland |
| Represented By: | Stephen Douglas Zinda |
| Represented By: | James H. Hall |
| Represented By: | Jesus David Cabello |
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| Plaintiff: Cameron International Corporation | |
| Represented By: | John R Keville |
| Represented By: | William M Logan |
| Represented By: | Merritt D Westcott |
| Represented By: | Evan Douglas Lewis |
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