PerfX Wireline Services, LLC v. DynaEnergetics US, Inc. et al
| XConnect, LLC formerly doing business as PerfX Wireline Services, LLC |
| DynaEnergetics US, Inc. and DMC Global Inc |
| DynaEnergetics Europe GmbH |
| 6:2021cv00970 |
| September 24, 2021 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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| Filing 62 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) |
| Filing 61 STIPULATION of Dismissal by XConnect, LLC. (Smith, Melissa) |
| Filing 60 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of XConnect, LLC. Attorney Melissa Richards Smith added to party XConnect, LLC(pty:pla) (Smith, Melissa) |
Filing 59
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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| Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) |
| Filing 58 Federal Circuit ORDER Denying Petition for Writ of Mandamus in Colorado case. (lad) |
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Filing 57
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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| Filing 56 Federal Circuit ORDER entered in originating Colorado case directing response to XConnect, LLC's petition for writ of mandamus to vacate Colorado's transfer order(lad) |
| Filing 55 Pro Hac Vice Letter. Main doc is Letter to Plf Attys, Attachments: #1 Letter to Atty Moyles, #2 Letter to Womble Bond Attys, #3 Letter to Davis Graham Attys)(lad) |
| Filing 54 Case electronically transferred in from District of Colorado; Case Number 1:20-cv-03665. |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) |
| 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. (lad) |
| Filing 53 Interdistrict Transmittal of Documents via e-mail to the United States District Court for the Western District of Texas. Pursuant to the #52 Order Granting Motion to Transfer to Judge Alan D. Albright. InterdistrictTransfer_TXWD@txwd.uscourts.gov. Text Only Entry (evana, ) [Transferred from Colorado on 9/24/2021.] |
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Filing 52
ORDER That Defendants' Motion to Transfer (ECF No. #25 ) is GRANTED; and That, pursuant to 28 U.S.C. 1404(a), this action shall be transferred to the United States District Court for the Western District of Texas where four related actions are proceeding before Judge Alan D. Albright, by Judge Raymond P. Moore on 9/15/2021.(evana, ) [Transferred from Colorado on 9/24/2021.]
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Filing 51
ORDER: After considering the unopposed motion to change the name of the Plaintiff in the caption, and being otherwise fully advised, the motion #50 is GRANTED. It is therefore ORDERED that (1) the Clerk shall modify the record to reflect Plaintiff's name as "XConnect, LLC" and (2) all future filings with the court shall reflect Plaintiffs new name. SO ORDERED by Judge Raymond P. Moore on 8/18/2021. (Text Only Entry)(rmsec) [Transferred from Colorado on 9/24/2021.]
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| Filing 50 Unopposed MOTION to Change Plaintiff PerfX Wireline Services, LLC's Name by Plaintiff PerfX Wireline Services, LLC (Redmond, Megan) (Modified on 8/18/2021 (edited the text to reflect that it is a motion)(evana, ). [Transferred from Colorado on 9/24/2021.] |
| Filing 49 REPLY to Response to #47 MOTION for Leave to File Its First Amended #1 Complaint, Under Rule 15 filed by Plaintiff PerfX Wireline Services, LLC. (Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 48 BRIEF in Opposition to #47 MOTION for Leave to File Its First Amended #1 Complaint, filed by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 47 MOTION for Leave to File Its First Amended #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4)(Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 46 TRANSCRIPT of Scheduling Conference held on April 1, 2021 before Magistrate Judge Hegarty. Pages: 1-7. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) [Transferred from Colorado on 9/24/2021.] |
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Filing 45
STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 20 April 2021. (cmadr, ) [Transferred from Colorado on 9/24/2021.]
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Filing 44
ORDER. Plaintiff's Motion for Entry of Protective Order [filed April 13, 2021; ECF #41 ] is denied, and Defendants' Motion for Entry of Protective Order [filed April 13, 2021; ECF #42 ] is granted, by Magistrate Judge Michael E. Hegarty on 4/15/2021.(agarc, ) [Transferred from Colorado on 9/24/2021.]
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Filing 43
MEMORANDUM regarding #42 MOTION for Protective Order filed by DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc., #41 MOTION for Protective Order filed by PerfX Wireline Services, LLC. Motions referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 4/13/2021. (Text Only Entry) (rmsec ) [Transferred from Colorado on 9/24/2021.]
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| Filing 42 MOTION for Protective Order by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 41 MOTION for Protective Order by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit)(Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 40 NOTICE of Entry of Appearance by Lisa Jeannine Moyles on behalf of DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.Attorney Lisa Jeannine Moyles added to party DMC Global, Inc.(pty:dft), Attorney Lisa Jeannine Moyles added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Lisa Jeannine Moyles added to party DynaEnergetics US, Inc.(pty:dft) (Moyles, Lisa) [Transferred from Colorado on 9/24/2021.] |
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Filing 39
SCHEDULING ORDER IN A PATENT CASE by Magistrate Judge Michael E. Hegarty on 1 April 2021. (cmadr, ) [Transferred from Colorado on 9/24/2021.]
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| Filing 38 CORUTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 4/1/2021. FTR: A501. (cthom, ) [Transferred from Colorado on 9/24/2021.] |
| Filing 37 Proposed Scheduling Order in a Patent Case by Plaintiff PerfX Wireline Services, LLC. (Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 36 NOTICE of Entry of Appearance by Preston Hamilton Heard on behalf of All Defendants Attorney Preston Hamilton Heard added to party DMC Global, Inc.(pty:dft), Attorney Preston Hamilton Heard added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Preston Hamilton Heard added to party DynaEnergetics US, Inc.(pty:dft) (Heard, Preston) [Transferred from Colorado on 9/24/2021.] |
| Filing 35 REPLY to Response to #25 MOTION to Change Venue filed by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Exhibit B-4, #7 Exhibit B-5, #8 Exhibit B-6)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 34 REPLY to Response to #24 MOTION to Dismiss filed by Defendant DMC Global, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
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Filing 33
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 3/15/2021. (Text Only Entry) (rmsec ) [Transferred from Colorado on 9/24/2021.]
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Filing 32
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 3/15/2021. (Text Only Entry) (rmsec ) [Transferred from Colorado on 9/24/2021.]
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| Filing 31 CASE REASSIGNED pursuant to #30 . All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-03665-RM. (Text Only Entry) (cmadr, ) [Transferred from Colorado on 9/24/2021.] |
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Filing 30
Minute ORDER by Magistrate Judge Michael E. Hegarty on 12 March 2021. Pursuant to the consent form filed by the parties declining consent under the D.C.Colo.LCivR 40.1(c) (ECF #29 ), the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C.Colo.LCivR 72.1(c). (cmadr, ) [Transferred from Colorado on 9/24/2021.]
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| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff PerfX Wireline Services, LLC All parties do not consent.. (Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 28 RESPONSE to #25 MOTION to Change Venue filed by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 27 RESPONSE to #24 MOTION to Dismiss filed by Plaintiff PerfX Wireline Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 26 ANSWER/REPLY to #20 Answer to Complaint, Counterclaim by PerfX Wireline Services, LLC.(Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 25 MOTION to Change Venue by Defendants DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 24 MOTION to Dismiss by Defendant DMC Global, Inc.. (Attachments: #1 Exhibit A)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 23 CORPORATE DISCLOSURE STATEMENT. (Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 22 NOTICE OF CASE ASSOCIATION by Jonathon David Bergman on behalf of DynaEnergetics Europe GMBH, DynaEnergetics US, Inc. (Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 20 ANSWER to #1 Complaint, , COUNTERCLAIM against PerfX Wireline Services, LLC by DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
| Filing 19 WAIVER OF SERVICE Returned Executed by PerfX Wireline Services, LLC. DynaEnergetics Europe GMBH waiver sent on 1/11/2021, answer due 3/12/2021. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
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Filing 18
Minute ORDER by Magistrate Judge Michael E. Hegarty on 5 February 2021. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for February 25, 2021 is vacated and rescheduled for April 1, 2021, at 10:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The parties shall complete and file the Magistrate Judge Consent Form (ECF 8-1) on or before March 12, 2021. Proposed Scheduling Order due 3/25/2021. (cmadr, ) [Transferred from Colorado on 9/24/2021.]
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| Filing 17 NOTICE of Entry of Appearance by Aditi K. Kulkarni-Knight on behalf of All Defendants Attorney Aditi K. Kulkarni-Knight added to party DMC Global, Inc.(pty:dft), Attorney Aditi K. Kulkarni-Knight added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Aditi K. Kulkarni-Knight added to party DynaEnergetics US, Inc.(pty:dft) (Kulkarni-Knight, Aditi) [Transferred from Colorado on 9/24/2021.] |
| Filing 16 NOTICE of Entry of Appearance by Jonathon David Bergman on behalf of All Defendants Attorney Jonathon David Bergman added to party DMC Global, Inc.(pty:dft), Attorney Jonathon David Bergman added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Jonathon David Bergman added to party DynaEnergetics US, Inc.(pty:dft) (Bergman, Jonathon) [Transferred from Colorado on 9/24/2021.] |
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Filing 15
Minute ORDER by Magistrate Judge Michael E. Hegarty on 12 January 2021. For good cause shown, the "Unopposed Motion for Extension of Time to Respond to Complaint" #14 filed by Defendants DynaEnergetics US, Inc. and DMC Global Inc. is granted. These Defendants shall file an answer or other response to the operative complaint on or before February 12, 2021.(cmadr, ) [Transferred from Colorado on 9/24/2021.]
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants DMC Global, Inc., DynaEnergetics US, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Herman, Barry) [Transferred from Colorado on 9/24/2021.] |
| Filing 13 SUMMONS Returned Executed by PerfX Wireline Services, LLC. DynaEnergetics US, Inc. served on 12/23/2020, answer due 1/13/2021. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 12 SUMMONS Returned Executed by PerfX Wireline Services, LLC. DMC Global, Inc. served on 12/23/2020, answer due 1/13/2021. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 11 NOTICE of Entry of Appearance by Caroline Ann Bader on behalf of PerfX Wireline Services, LLCAttorney Caroline Ann Bader added to party PerfX Wireline Services, LLC(pty:pla) (Bader, Caroline) [Transferred from Colorado on 9/24/2021.] |
| Filing 9 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jtorr, ) [Transferred from Colorado on 9/24/2021.] |
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Filing 10
Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2020. Consent Form due by 2/5/2021. Proposed Scheduling Order due 2/18/2021. Scheduling Conference set for 2/25/2021 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) [Transferred from Colorado on 9/24/2021.]
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| Filing 8 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cpomm, ) [Transferred from Colorado on 9/24/2021.] |
| Filing 7 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cpomm, ) [Transferred from Colorado on 9/24/2021.] |
| Filing 6 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cpomm, ) [Transferred from Colorado on 9/24/2021.] |
| Filing 5 SUMMONS REQUEST as to DYNAENERGETICS EUROPE GMBH re #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 4 SUMMONS REQUEST as to DYNAENERGETICS US, INC., re #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 3 SUMMONS REQUEST as to DMC GLOBAL INC. re #1 Complaint, by Plaintiff PerfX Wireline Services, LLC. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
| Filing 1 COMPLAINT for Declaratory Judgment of Patent Non-Infringement against DMC Global, Inc., DynaEnergetics Europe GMBH, DynaEnergetics US, Inc. (Filing fee $ 402,Receipt Number 1082-7631589)Attorney Megan J. Redmond added to party PerfX Wireline Services, LLC(pty:pla), filed by PerfX Wireline Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Redmond, Megan) [Transferred from Colorado on 9/24/2021.] |
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