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Shell litigation against RMS Engineering and Tesoro Corp

By John Donovan

Stumbled across a current US court case in which, for a change, Shell is suing other another companies for allegedly stealing its intellectual property. In our experience it is most often the other way round.

Shell Global Solutions and Shell Oil Company are suing RMS Engineering, Inc., Tesoro Corporation and its named subsidiaries, for alleged willful  and deliberate patent infringement relating to refinery equipment.

Shell claims that the case, being brought in the U.S. District Court, Southern District of Texas (Houston), is exceptional.

Links to the Complaint filed by Shell on 20 November 2009

Complaint

Exhibit A

Exhibit B

The entire up to-date Court Case dockets providing an indication of how the case is proceeding, is printed below. If anyone would like to see one of the listed document and do not have access to U.S. Court records, then please contact me: [email protected]

The trial before a jury is scheduled for January 2013.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:09-cv-03778

Shell Global Solutions (US) Inc. et al v. RMS Engineering, Inc. et al
Assigned to: Judge Keith P Ellison
Cause: 35:271 Patent Infringement
Date Filed: 11/20/2009
Jury Demand: Both
Nature of Suit: 830 Patent
Jurisdiction: Federal Question
Plaintiff
Shell Global Solutions (US) Inc. represented by Matthew G Reeves
Locke Lord et al
600 Travis
Suite 3400
Houston, TX 77002-3095
713-226-1200
Fax: 713-223-3717
Email: [email protected]
ATTORNEY TO BE NOTICED

Nathaniel Cochran Dunn
Locke Lord Bissell & Liddell, LLP
600 Travis
Ste 3400
Houston, TX 77002-3095
713-226-1383
Fax: 713-223-3717
Email: [email protected]
ATTORNEY TO BE NOTICED

Tanya Lynn-Coate Chaney
Locke Lord Bissell And Liddell LLP
600 Travis St
3400 JP Morgan Chase Tower
Houston, TX 77002
713-226-1200
Fax: 713-223-3717
Email: [email protected]
ATTORNEY TO BE NOTICED

Michael O Sutton
Locke Lord Bissell & Liddell LLP
600 Travis St
Suite 2800
Houston, TX 77002-3095
713-226-1327
Fax: 713-229-2519
Email: [email protected]rd.com
ATTORNEY TO BE NOTICED

Plaintiff
Shell Oil Company represented by Matthew G Reeves
(See above for address)
ATTORNEY TO BE NOTICED

Nathaniel Cochran Dunn
(See above for address)
ATTORNEY TO BE NOTICED

Tanya Lynn-Coate Chaney
(See above for address)
ATTORNEY TO BE NOTICED

Michael O Sutton
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
RMS Engineering, Inc. represented by Charles D Rusciano
Attorney at Law
4615 Southwest Freeway
Suite 505
Houston, TX 77027
713-522-4334
Fax: 1-866-850-9222
Email: [email protected]
ATTORNEY TO BE NOTICED

Paul J Goldenberg
Lorance Thompson PC
2900 North Loop West
Suite 500
Houston, TX 77092
713.868.5560
Fax: 713.864.4671
Email: [email protected]
ATTORNEY TO BE NOTICED

William K Luyties
Lorance & Thompson PC
2900 N Loop W
Ste 500
Houston, TX 77092
713-868-5560
Fax: 713-864-4671
Email: [email protected]
ATTORNEY TO BE NOTICED

Defendant
Tesoro Corporation represented by J Daniel Harkins
Cox Smith Matthews
112 E Pecan St
Ste 1800
San Antonio, TX 78205
210-554-5285
Fax: 210-226-8395
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey R Cole
Dinovo Prine et al LLP
7000 N MoPac Expressway
Suite 350
Austin, TX 78731
512-539-2626
Email: [email protected]
TERMINATED: 09/27/2010
ATTORNEY TO BE NOTICED

Raymond W Mort , III
DiNovo Price et al
7000 North MoPac Expressway
Ste 350
Austin, TX 78731
512-539-2626
Fax: 512-539-2627
ATTORNEY TO BE NOTICED

William Morrison Parrish
DiNovo Price Ellwanger & Hardy LLP
7000 N. MoPac Expwy
Ste 350
Austin, TX 78731
512-539-2626
Fax: 512-539-2627
Email: [email protected]
ATTORNEY TO BE NOTICED

Defendant
Tesoro Refining and Marketing Company represented by Jeffrey R Cole
(See above for address)
TERMINATED: 09/27/2010
ATTORNEY TO BE NOTICED

Raymond W Mort , III
DiNovo Price Ellwanger & Hardy LLP
7000 North MoPac Expressway
Ste 350
Austin, TX 78731
512-539-2626
Fax: 512-539-2627
ATTORNEY TO BE NOTICED

William Morrison Parrish
(See above for address)
ATTORNEY TO BE NOTICED

J Daniel Harkins
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
Tesoro Refining and Marketing Company represented by J Daniel Harkins
(See above for address)
ATTORNEY TO BE NOTICED
V.
Counter Defendant
Shell Global Solutions (US) Inc. represented by Matthew G Reeves
(See above for address)
ATTORNEY TO BE NOTICED

Michael O Sutton
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
Shell Oil Company represented by Matthew G Reeves
(See above for address)
ATTORNEY TO BE NOTICED

Michael O Sutton
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
RMS Engineering, Inc. represented by Charles D Rusciano
(See above for address)
ATTORNEY TO BE NOTICED

Paul J Goldenberg
(See above for address)
ATTORNEY TO BE NOTICED

William K Luyties
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Shell Global Solutions (US) Inc. represented by Matthew G Reeves
(See above for address)
ATTORNEY TO BE NOTICED

Michael O Sutton
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
Shell Oil Company represented by Matthew G Reeves
(See above for address)
ATTORNEY TO BE NOTICED

Michael O Sutton
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
11/20/2009 1 COMPLAINT against RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company (Filing fee $ 350 receipt number 0541-5729089) filed by Shell Global Solutions (US) Inc., Shell Oil Company. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sutton, Michael) (Entered: 11/20/2009)
11/20/2009 3 Commissioner of Patents and Trademarks, AO-120, Notified, filed.(kstrouse, ) (Entered: 11/24/2009)
11/24/2009 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/5/2010 at 02:00 PM in Room 3716 before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(kstrouse, ) (Entered: 11/24/2009)
11/30/2009 4 CLERKS NOTICE REGARDING INITIAL CONFERENCE, filed. (Attachments: # 1 Proposed Order)(csonnier, ) (Entered: 11/30/2009)
12/16/2009 Summons Issued as to Tesoro Corporation, Tesoro Refining and Marketing Company, filed.(kettac, ) (Entered: 12/16/2009)
12/31/2009 5 RETURN of Service of SUMMONS Executed as to Tesoro Refining and Marketing Company served on 12/17/2009, answer due 1/7/2010, filed.(Chaney, Tanya) (Entered: 12/31/2009)
12/31/2009 6 RETURN of Service of SUMMONS Executed as to Tesoro Corporation served on 12/17/2009, answer due 1/7/2010, filed.(Chaney, Tanya) (Entered: 12/31/2009)
01/05/2010 Summons Issued as to RMS Engineering, Inc., filed.(chorace) (Entered: 01/05/2010)
01/07/2010 7 ANSWER to 1 Complaint, with Jury Demand by Tesoro Corporation, filed.(Harkins, J) (Entered: 01/07/2010)
01/07/2010 8 ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Shell Global Solutions (US) Inc., Shell Oil Company by Tesoro Refining and Marketing Company, filed.(Harkins, J) (Entered: 01/07/2010)
01/07/2010 9 RETURN of Service of SUMMONS Executed as to RMS Engineering, Inc. served on 1/5/2010, answer due 1/26/2010, filed.(lfilmore, ) (Entered: 01/07/2010)
01/20/2010 10 ANSWER to 1 Complaint, with Jury Demand, First COUNTERCLAIM against Shell Global Solutions (US) Inc., Shell Oil Company by RMS Engineering, Inc., filed.(Luyties, William) (Entered: 01/20/2010)
01/20/2010 11 NOTICE of Appearance by Charles D. Rusciano on behalf of RMS Engineering, Inc., filed. (Rusciano, Charles) (Entered: 01/20/2010)
01/29/2010 12 CORPORATE DISCLOSURE STATEMENT by RMS Engineering, Inc., filed.(Goldenberg, Paul) (Entered: 01/29/2010)
02/01/2010 13 CERTIFICATE OF INTERESTED PARTIES by Shell Global Solutions (US) Inc., Shell Oil Company, filed.(Chaney, Tanya) (Entered: 02/01/2010)
02/02/2010 14 CORPORATE DISCLOSURE STATEMENT by Tesoro Corporation, filed.(Harkins, J) (Entered: 02/02/2010)
02/02/2010 15 CORPORATE DISCLOSURE STATEMENT by Tesoro Refining and Marketing Company, filed.(Harkins, J) (Entered: 02/02/2010)
02/08/2010 16 ANSWER to 8 Answer to Complaint, Counterclaim by Shell Global Solutions (US) Inc., Shell Oil Company, filed.(Reeves, Matthew) (Entered: 02/08/2010)
02/08/2010 17 ANSWER to 10 Answer to Complaint, Counterclaim by Shell Global Solutions (US) Inc., Shell Oil Company, filed.(Reeves, Matthew) (Entered: 02/08/2010)
02/19/2010 18 INITIAL DISCLOSURES by RMS Engineering, Inc., filed.(Luyties, William) (Entered: 02/19/2010)
02/23/2010 19 JOINT DISCOVERY/CASE MANAGEMENT PLAN by RMS Engineering, Inc., Shell Global Solutions (US) Inc., Shell Oil Company, Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Proposed Order Proposed Scheduling Order)(Chaney, Tanya) (Entered: 02/23/2010)
02/24/2010 20 SCHEDULING ORDER. Jury Trial. Amended Pleadings due by 8/20/2010, Pltf Expert Report due by 9/24/2010, Deft Expert Report due by 9/24/2010, Discovery due by 7/8/2011, Mediation due by 11/3/2011, Dispositive Motion and Non-Dispositive Motion Filing due by 8/5/2011, Responses to amended pleadings due by 9/3/2010, Joint Pretrial Order due by 10/21/2011, Docket Call set for 11/4/2011 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison, Jury Trial set for 11/4/2011 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(dgould) (Entered: 02/24/2010)
02/25/2010 ***Deadlines terminated; Initial Conference set for 3/5/2010 CANCELLED. (dgould) (Entered: 02/25/2010)
03/01/2010 21 Unopposed MOTION for Protective Order by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 3/22/2010. (Attachments: # 1 Exhibit Proposed Agreed Protective Order)(Chaney, Tanya) (Entered: 03/01/2010)
03/02/2010 22 PROTECTIVE ORDER granting 21 Unopposed MOTION for Protective Order.(Signed by Judge Keith P Ellison) Parties notified.(dgould) (Entered: 03/02/2010)
06/11/2010 23 Agreed MOTION to Amend 20 Scheduling Order,, by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 7/2/2010. (Attachments: # 1 Proposed Order)(Reeves, Matthew) (Entered: 06/11/2010)
06/14/2010 24 ORDER granting 23 Motion to Amend.(Signed by Judge Keith P Ellison) Parties notified.(kstrouse, ) (Entered: 06/14/2010)
06/24/2010 25 NOTICE of Appearance by Jeffrey R. Cole on behalf of Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Cole, Jeffrey) (Entered: 06/24/2010)
06/24/2010 26 NOTICE of Appearance by William M. Parrish on behalf of Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Parrish, William) (Entered: 06/24/2010)
06/28/2010 27 MOTION for Raymond W. Mort III to Appear Pro Hac Vice by Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 7/19/2010. (kgilyard, ) (Entered: 06/28/2010)
06/29/2010 28 ORDER granting 27 Motion to Appear Pro Hac Vice as to Raymond Mort.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 06/29/2010)
07/26/2010 29 Mail Returned Undeliverable as to attorney Jeffrey R Cole as to Tesoro Corporation re: 28 Order on Motion to Appear Pro Hac Vice, filed. Address Update, Order Renoticed. (dcartmill) (Entered: 07/26/2010)
08/20/2010 30 STATEMENT Joint Claim Construction and Prehearing Statement Under Local Rule 4.3 by RMS Engineering, Inc., Shell Global Solutions (US) Inc., Shell Oil Company, Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit Exhibit A – Plaintiffs’ Proposed Claim Construction, # 2 Exhibit Exhibit B – Defendants’ Proposed Claim Construction)(Harkins, J) (Entered: 08/20/2010)
09/03/2010 31 NOTICE of Appearance by Katherine L. Sunstrom on behalf of RMS Engineering, Inc., filed. (Luyties, William) (Entered: 09/03/2010)
09/21/2010 32 Unopposed MOTION for Extension of Time to File Written Tutorials Concerning Technology Involved in Patent in Issue by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 10/12/2010. (Attachments: # 1 Proposed Order)(Chaney, Tanya) (Entered: 09/21/2010)
09/22/2010 33 Unopposed MOTION for Extension of Time File Tutorials Concerning Technology Involved in Patent by RMS Engineering, Inc., filed. Motion Docket Date 10/13/2010. (Attachments: # 1 Proposed Order Order Granting Unopposed Motion for Extension of Time)(Luyties, William) (Entered: 09/22/2010)
09/22/2010 34 ORDER ON UNOPPOSED MOTION FOR EXTENSTION OF TIME granting 32 Motion for Extension of Time Plaintiffs must file their tutorials by 10/8/2010.(Signed by Judge Keith P Ellison) Parties notified.(kstrouse, ) (Entered: 09/22/2010)
09/24/2010 35 Unopposed MOTION for Jeffrey R. Cole to Withdraw as Attorney by Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 10/15/2010. (Attachments: # 1 Proposed Order)(Parrish, William) (Entered: 09/24/2010)
09/24/2010 36 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME 33 Motion for Extension of Time Defendants’ must file their tutorials by 10/8/2010.(Signed by Judge Keith P Ellison) Parties notified.(kstrouse, ) (Entered: 09/24/2010)
09/24/2010 37 NOTICE Joint Notice Regarding Court-Appointed Special Master by RMS Engineering, Inc., Shell Global Solutions (US) Inc., Shell Oil Company, Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit A)(Chaney, Tanya) (Entered: 09/24/2010)
09/27/2010 38 ORDER GRANTING TESORO CORPORATION AND TESORO REFINING AND MARKETING COMPANY’S UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL granting 35 Motion to Withdraw as Attorney. Attorney Jeffrey R Cole terminated.(Signed by Judge Keith P Ellison) Parties notified.(kstrouse, ) (Entered: 09/27/2010)
10/07/2010 39 BRIEF Defendants’ Technology Tutorial by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed.(Harkins, J) (Entered: 10/07/2010)
10/07/2010 40 APPENDIX by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit Ex. 1 – US Pat No. 6,221,318, # 2 Exhibit Ex. 2 – Fluidization and Fluid-Particle Systems, # 3 Exhibit Ex. 3 – Technical Progress and Profits, # 4 Exhibit Ex. 4 – Fluid Catalytic Cracking, Handbook of Petroleum Processing, # 5 Exhibit Ex. 5 – Amoco School of Engineering Tech Refining and Engineering Vol. IV Process, # 6 Exhibit Ex. 6 – Advances in Fluid Catalytic Cracking, Part 2, # 7 Exhibit Ex. 7 – US Pat No. 5,037,617, # 8 Exhibit Ex. 8 – US Pat No. 5,043,058, # 9 Exhibit Ex. 9 – US Pat No. 4,435,281, # 10 Exhibit Ex. 10 – US Pat No. 5,156,817, # 11 Exhibit Ex. 11 – US Pat No. 4,988,430, # 12 Exhibit Ex. 12 – US Pat No. 4,784,748, # 13 Exhibit Ex. 13 – Advances in Fluid Catalytic Cracking, Part 2, # 14 Exhibit Ex. 14 – US Pat No. 3,494,858, # 15 Exhibit Ex. 15 – US Pat No. 2,608,474, # 16 Exhibit Ex. 16 – European Pat No. EP 0 289 991, # 17 Exhibit Ex. 17 – US Pat No. 4,888,156, # 18 Exhibit Ex. 18 – US Pat No. 5,087,427, # 19 Exhibit Ex. 19 – US Pat No. 3,784,108, # 20 Exhibit Ex. 20 – US Pat No. 4,219,442, # 21 Exhibit Ex. 21 – US Pat No. 4,820,404, # 22 Exhibit Ex. 22 – US Pat No. 4,425,301, # 23 Exhibit Ex. 23 – US Pat No. 4,595,567, # 24 Exhibit Ex. 24 – US Pat No. 4,283,273, # 25 Exhibit Ex. 25 – US Pat No. 4,118,338, # 26 Exhibit Ex. 26 – US Pat No. 4,430,302, # 27 Exhibit Ex. 27 – US Pat No. 3,995,753, # 28 Exhibit Ex. 28 – US Pat No. 5,019,354, # 29 Exhibit Ex. 29 – US Pat No. 3,826,738, # 30 Exhibit Ex. 30 – US Pat No. 4,444,653, # 31 Exhibit Ex. 31 – US Pat No. 5,213,679, # 32 Exhibit Ex. 32 – European Pat No. EP 0 289 991)(Harkins, J) (Entered: 10/07/2010)
10/08/2010 41 BRIEF Plaintiffs’ Technology Tutorial by Shell Global Solutions (US) Inc., Shell Oil Company, filed.(Chaney, Tanya) (Entered: 10/08/2010)
10/08/2010 42 BRIEF Plaintiffs’ Opening Claim Construction Brief by Shell Global Solutions (US) Inc., Shell Oil Company, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Chaney, Tanya) (Entered: 10/08/2010)
10/08/2010 43 Sealed Event, filed. (Entered: 10/08/2010)
10/14/2010 44 NOTICE of Setting. Parties notified. Markman Hearing set for 12/3/2010 at 09:00 AM at Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 10/14/2010)
10/14/2010 45 NOTICE of Setting. Parties notified. Jury Trial set for 11/7/2011 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 10/14/2010)
10/22/2010 46 RESPONSE to 42 Brief Defendants’ Response to Plaintiffs’ Opening Claim Construction Brief, filed by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company. (Harkins, J) (Entered: 10/22/2010)
10/22/2010 47 APPENDIX re: 46 Response by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit Ex. 1 – US Pat. No. 6,221,318, # 2 Exhibit Ex. 2 – Original Patent Application, # 3 Exhibit Ex. 3 – First Office Action, # 4 Exhibit Ex. 4 – Response to First Office Action, # 5 Exhibit Ex. 5 – McGraw-Hill Dictionary, # 6 Exhibit Ex. 6 – Merriam-Webster Dictionary, # 7 Exhibit Ex. 7 – Decl. of Frederick Zenz)(Harkins, J) (Entered: 10/22/2010)
10/22/2010 48 MOTION for Summary Judgment on Anticipation by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 11/12/2010. (Harkins, J) (Entered: 10/22/2010)
10/22/2010 49 APPENDIX re: 48 MOTION for Summary Judgment on Anticipation by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit Ex. 1 – U.S. Pat No. 6,221,318, # 2 Exhibit Ex. 2 – U.S. Pat No. 4,849,091, # 3 Exhibit Ex. 3 – U.S. Pat. No. 4,374,750, # 4 Exhibit Ex. 4 – U.S. Pat. No. 3,784,108, # 5 Exhibit Ex. 5 – U.S. Pat No. 4,340,566, # 6 Exhibit Ex. 6 – Declaration of Frederick Zenz, # 7 Exhibit Ex. 7 – Def. Joint Preliminary Invalidity Contentions, # 8 Exhibit Ex. 8 – Merriam-Webster Dictionary, # 9 Exhibit Ex. 9 – Supp Decl. of Frederick Zenz)(Harkins, J) (Entered: 10/22/2010)
10/22/2010 50 MOTION for Summary Judgment On Indefiniteness (“Substantially”-Related Terms by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 11/12/2010. (Harkins, J) (Entered: 10/22/2010)
10/22/2010 51 APPENDIX by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit Ex. 1 – U.S. Pat No. 6,221,318, # 2 Exhibit Ex. 2 – Original Patent Application, # 3 Exhibit Ex. 3 – First Office Action, # 4 Exhibit Ex. 4 – Response to First Office Action, # 5 Exhibit Ex. 5 – Merriam-Webster Dictionary, # 6 Exhibit Ex. 6 – Declaration of Frederick Zenz, # 7 Exhibit Ex. 7 – U.S. Pat No. 4,150,090, # 8 Exhibit Ex. 8 – U.S. Pat. No. 5,516,817, # 9 Exhibit Ex. 9 – U.S. Pat. No. 3,259,998, # 10 Exhibit Ex. 10 – U.S. Pat. No. 2,608,239, # 11 Exhibit Ex. 11 – U.S. Pat. No. 6,797,239, # 12 Exhibit Ex. 12 – U.S. Pat No. 4,478,707, # 13 Exhibit Ex. 13 – Supp. Delc. of Frederick Zenz)(Harkins, J) (Entered: 10/22/2010)
10/25/2010 52 MOTION to Compel production of documents by Tesoro Refining and Marketing Company, filed. Motion Docket Date 11/15/2010. (Attachments: # 1 Proposed Order Order Granting Tesoro’s Motion to Compel)(Harkins, J) (Entered: 10/25/2010)
10/25/2010 53 APPENDIX re: 52 MOTION to Compel production of documents by Tesoro Refining and Marketing Company, filed. (Attachments: # 1 Exhibit Ex. 1 – Protective Order, # 2 Exhibit Ex. 2 – Email Aug. 6, 2010, # 3 Exhibit Ex. 3 – Email Aug. 11, 2010, # 4 Exhibit Ex.4 – Email Aug. 18, 2010, # 5 Exhibit Ex. 5 – Email Aug. 30, 2010, # 6 Exhibit Ex. 6 – Email Oct. 4, 2010, # 7 Exhibit Ex. 7 – Email Oct. 6, 2010, # 8 Exhibit Ex. 8 – Email Oct. 6, 2010, # 9 Exhibit Ex. 21 – Plaintiff’s Resp.andObj. to Tesoro’s Frist Set of Req. for Prod., # 10 Exhibit Ex. 22 – Email Aug. 18, 2010, # 11 Exhibit Ex. 23 – Plaintiffs Initial Disclosures, # 12 Exhibit Ex. 24 – Letter August 20, 2010)(Harkins, J) (Entered: 10/25/2010)
10/25/2010 54 Sealed Event, filed. (With attachments) (Entered: 10/25/2010)
10/25/2010 56 Mail Returned Undeliverable as to attorney Raymond W Mort as to Tesoro Corporation re: 45 Notice of Setting, filed. (kgilyard, ) (Entered: 10/26/2010)
10/25/2010 57 Mail Returned Undeliverable as to attorney Raymond W Mort as to Tesoro Corporation re: 44 Notice of Setting. Re-noticed document 44 to Raymond Mort, filed. (kgilyard, ) (Entered: 10/26/2010)
10/26/2010 55 ORDER FOR EXPEDITED HEARING AND ORDER Setting Hearing on Motion 52 MOTION to Compel production of documents : Motion Hearing set for 11/8/2010 at 09:30 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 10/26/2010)
10/26/2010 60 Sealed Event, filed. (With attachments) (Entered: 10/26/2010)
10/27/2010 61 Unopposed MOTION to Seal Defendants’ Motion for Summary Judgment on Equitable Estoppel and Laches (Docket No. 58) by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 11/17/2010. (Attachments: # 1 Proposed Order)(Harkins, J) (Entered: 10/27/2010)
10/27/2010 62 MOTION for Extension of Time Reply by Shell Global Solutions (US) Inc., Shell Oil Company, Shell Petroleum Inc., Shell Petroleum NV, filed. Motion Docket Date 11/17/2010. (Attachments: # 1 Proposed Order Motion for Extension of Time to Reply to Defendants’ Response to Plaintiffs’ Opening Claim Construction Brief)(Reeves, Matthew) (Entered: 10/27/2010)
10/28/2010 63 MOTION for Extension of Time to Respond to Defendants’ Motion for Summary Judgment on Anticipation by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 11/18/2010. (Attachments: # 1 Proposed Order)(Chaney, Tanya) (Entered: 10/28/2010)
10/29/2010 64 ORDER granting 62 Motion for Extension of Time.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 10/29/2010)
10/29/2010 65 ORDER granting 61 Motion to Seal.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 10/29/2010)
10/29/2010 66 ORDER FOR EXPEDITED RESPONSE AND ORDER Setting Hearing on Motion 63 MOTION for Extension of Time to Respond to Defendants’ Motion for Summary Judgment on Anticipation : Motion Hearing set for 11/5/2010 at 11:00 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 10/29/2010)
10/29/2010 67 Unopposed MOTION for Extension of Time to File Response to Tesoro’s Motion to Compel by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 11/19/2010. (Attachments: # 1 Proposed Order)(Chaney, Tanya) (Entered: 10/29/2010)
11/01/2010 68 ORDER granting 67 Motion for Extension of Time; Motion-related deadline set re: 52 MOTION to Compel production of documents. Responses due by 11/2/2010.(Signed by Judge Keith P Ellison) Parties notified.(kstrouse, ) (Entered: 11/01/2010)
11/01/2010 69 Mail Returned Undeliverable as to attorney Raymond W Mort as to RMS Engineering, Inc. re: 55 Order Setting Hearing on Motion,, filed. Order Renoticed. (rosaldana) (Entered: 11/02/2010)
11/02/2010 70 Sealed Event, filed. (With attachments) (Entered: 11/02/2010)
11/02/2010 71 REPLY to 42 Brief, 46 Response Plaintiffs’ Reply to Defendants’ Response to Plaintiffs’ Opening Claim Construction Brief, filed by Shell Global Solutions (US) Inc., Shell Oil Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Chaney, Tanya) (Entered: 11/02/2010)
11/03/2010 72 NOTICE of Resetting as to 63 MOTION for Extension of Time to Respond to Defendants’ Motion for Summary Judgment on Anticipation, 52 MOTION to Compel production of documents. Parties notified. Motion Hearing set for 11/8/2010 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. The hearing set for Friday, November 5, 2010 at 11:00 a.m. and the hearing set for Monday, November 8, 2010 at 9:30 are cancelled and combined with to this one hearing setting. All parties may appear by telephone by calling in on the Court’s Dial-In number at 713-250-5238. (sloewe) (Entered: 11/03/2010)
11/03/2010 73 Mail Returned Undeliverable as to attorney Raymond W Mort as to Tesoro Corporation, Tesoro Refining and Marketing Company re: 44 Notice of Setting, filed. (lfilmore, ) (Entered: 11/04/2010)
11/03/2010 74 Mail Returned Undeliverable as to attorney Raymond W Mort as to Tesoro Corporation, Tesoro Refining and Marketing Company re: 45 Notice of Setting, filed. (lfilmore, ) (Entered: 11/04/2010)
11/04/2010 75 RESPONSE to 63 MOTION for Extension of Time to Respond to Defendants’ Motion for Summary Judgment on Anticipation filed by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company. (Attachments: # 1 Exhibit Ex. 1 – Adrian v. Superchips, S.D. Tex, # 2 Exhibit Ex. 2 – Adrian v. Superchips, Fed. Cir.)(Harkins, J) (Entered: 11/04/2010)
11/05/2010 76 REPLY to Response to 52 MOTION to Compel production of documents, filed by Tesoro Refining and Marketing Company. (Attachments: # 1 Exhibit Ex 1 – Email dated Nov. 2, 2010 from Reeves to Harkins, # 2 Exhibit Ex 2 – Exerpt from 2009 Annual Report of Royal Dutch Shell, # 3 Exhibit Ex 6 – Declaration of J. Daniel Harkins)(Harkins, J) (Entered: 11/05/2010)
11/05/2010 77 Sealed Event, filed. (With attachments) (Entered: 11/05/2010)
11/08/2010 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 11/8/2010. The Motion 63 for an Extension of Time to Respond to Defendant’s Motion for Summary Judgement on Anticipation is GRANTED, and took under advisement the Motion 52 to Compel Production of Documents. Appearances:(Law Clerk: Talla). Charles D Rusciano, Paul J Goldenberg, William K Luyties, Matthew G Reeves, Michael O Sutton, Tanya Lynn-Coate Chaney, William Morrison Parrish, J Daniel Harkins, Raymond W Mort.(Court Reporter: Sanchez), filed.(sloewe) Modified on 11/9/2010 (sloewe). (Entered: 11/08/2010)
11/08/2010 78 Mail Returned Undeliverable as to attorney Raymond W Mort as to Tesoro Refining and Marketing Company re: 66 Order Setting Hearing on Motion,, filed. (blacy, ) (Entered: 11/09/2010)
11/08/2010 79 Mail Returned Undeliverable as to attorney Raymond W Mort re: 64 Order on Motion for Extension of Time, filed. (blacy, ) (Entered: 11/09/2010)
11/08/2010 80 Mail Returned Undeliverable as to attorney Raymond W Mort re: 68 Order on Motion for Extension of Time, filed. (kettac, ) (Entered: 11/09/2010)
11/12/2010 81 RESPONSE in Opposition, filed by Shell Global Solutions (US) Inc., Shell Oil Company. (Attachments: # 1 Appendix, # 2 Proposed Order)(Chaney, Tanya) (Entered: 11/12/2010)
11/16/2010 82 Sealed Event, filed. (With attachments) (Entered: 11/16/2010)
11/17/2010 83 Mail Returned Undeliverable as to attorney Raymond W Mort as to Tesoro Corporation re: 55 Order Setting Hearing on Motion,, filed. (sbyrum, ) (Entered: 11/18/2010)
11/19/2010 84 REPLY to Response, filed by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company. (Attachments: # 1 Proposed Order)(Harkins, J) (Entered: 11/19/2010)
11/24/2010 85 Joint Claim Construction Chart by Shell Global Solutions (US) Inc., Shell Oil Company, filed. (Attachments: # 1 Exhibit A)(Chaney, Tanya) (Entered: 11/24/2010)
11/24/2010 86 REPLY to 82 Sealed Event Brief In Support of Motion for Summary Judgment on Equitable Estoppel and Laches, filed by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company. (Attachments: # 1 Exhibit Ex. 1 – Hon Hai Precision Indus. Co., Ltd. v. PSC, # 2 Exhibit Ex. 2 – Plaintiff’s Initial Disclosures)(Harkins, J) (Entered: 11/24/2010)
12/03/2010 87 MOTION to Exclude Expert Testimony of Ye-Mon Chen by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 12/27/2010. (Attachments: # 1 Proposed Order)(Harkins, J) (Entered: 12/03/2010)
12/03/2010 Minute Entry for proceedings held before Judge Keith P Ellison. MARKMAN HEARING held on 12/3/2010. The Matter is taken under advisement. Appearances:(Law Clerk: Talla). Charles D Rusciano, William K Luyties, Matthew G Reeves, Michael O Sutton, William Morrison Parrish, J Daniel Harkins, Raymond W Mort.(Court Reporter: Sanchez), filed.(sloewe) (Entered: 12/03/2010)
12/13/2010 88 Sealed Event, filed. (With attachments) (Entered: 12/13/2010)
12/22/2010 89 Sealed Event, filed. (Entered: 12/22/2010)
01/06/2011 90 Notice of Filing Prosecution History by Shell Global Solutions (US) Inc., Shell Oil Company, filed. (Attachments: # 1 Exhibit A)(Chaney, Tanya) (Entered: 01/06/2011)
02/11/2011 91 Joint MOTION to Amend 20 Scheduling Order,, by RMS Engineering, Inc., Shell Global Solutions (US) Inc., Shell Oil Company, Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 3/4/2011. (Attachments: # 1 Proposed Order)(Chaney, Tanya) (Entered: 02/11/2011)
02/14/2011 92 ORDER On Joint 91 Motion to Modify Docket Control Order. Remaining deadlines are suspended and are to be reset in an Amended Docket Control Order withink 30 days.(Signed by Judge Keith P Ellison) Parties notified.(aalonzo) (Entered: 02/14/2011)
03/21/2011 93 MEMORANDUM AND ORDER DENYING Defendant’s Motion 58 for Summary Judgment, DENYING Defendant’s Motion 50 for Summary Judgment on Indefiniteness and DENYING AS MOOT Defendant’s Motion 87 to Exclude Expert Testimony of Ye-Mon Chen(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 03/21/2011)
03/30/2011 94 Unopposed MOTION to Withdraw 48 MOTION for Summary Judgment on Anticipation by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company, filed. Motion Docket Date 4/20/2011. (Attachments: # 1 Proposed Order)(Parrish, William) (Entered: 03/30/2011)
03/31/2011 95 ORDER granting 94 Motion to Withdraw; 48 MOTION for Summary Judgment on Anticipation.(Signed by Judge Keith P Ellison) Parties notified.(aalonzo) (Entered: 03/31/2011)
04/19/2011 96 Opposed MOTION for Reconsideration of 93 Memorandum and Order, by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 5/10/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Dunn, Nathaniel) (Entered: 04/19/2011)
04/21/2011 97 Joint MOTION to Amend 20 Scheduling Order,, 92 Order on Motion to Amend by Shell Global Solutions (US) Inc., Shell Oil Company, filed. Motion Docket Date 5/12/2011. (Attachments: # 1 Proposed Order)(Dunn, Nathaniel) (Entered: 04/21/2011)
04/28/2011 98 TRANSCRIPT re: Markman Hearing held on December 3, 2010 before Judge Keith P Ellison. Court Reporter Johnny Sanchez. Release of Transcript Restriction set for 7/27/2011., filed. (jsanchez, ) (Entered: 04/28/2011)
04/28/2011 100 ORDER On Joint Motion to Modify Docket Control Order. (Signed by Judge Keith P Ellison) Parties notified. (aalonzo) (Entered: 04/29/2011)
04/29/2011 99 Notice of Filing of Official Transcript as to 98 Transcript. Party notified, filed. (aboyd) (Entered: 04/29/2011)
05/10/2011 101 RESPONSE to 96 Opposed MOTION for Reconsideration of 93 Memorandum and Order,Opposed MOTION for Reconsideration of 93 Memorandum and Order, filed by RMS Engineering, Inc., Tesoro Corporation, Tesoro Refining and Marketing Company. (Attachments: # 1 Exhibit Ex. 1 – Office Action, # 2 Exhibit Ex. 2 – Response to Office Action)(Harkins, J) (Entered: 05/10/2011)
05/20/2011 102 REPLY in Support of 96 Opposed MOTION for Reconsideration of 93 Memorandum and Order,Opposed MOTION for Reconsideration of 93 Memorandum and Order,, filed by Shell Global Solutions (US) Inc., Shell Oil Company. (Dunn, Nathaniel) (Entered: 05/20/2011)
08/03/2011 103 MEMORANDUM AND ORDER DENYING 52 MOTION to Compel production of documents.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 08/03/2011)
08/15/2011 104 MEMORANDUM AND ORDER DENYING 96 Opposed MOTION for Reconsideration of 93 Memorandum and Order,Opposed MOTION for Reconsideration of 93 Memorandum and Order.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 08/15/2011)
08/25/2011 105 NOTICE of Joint Proposed Scheduling Order by Shell Global Solutions (US) Inc., Shell Oil Company, filed. (Attachments: # 1 Proposed Order)(Dunn, Nathaniel) (Entered: 08/25/2011)
11/04/2011 106 SCHEDULING ORDER. Jury trial. Amended Pleadings on infringement claims due by 11/11/2011. Amended Pleadings on invalidity claims due by 12/2/2011. Documents and privilege logs pertaining to willful infringement due by 11/11/2011. Pltf Expert Report due by 6/1/2012 Deft Expert Report due by 7/2/2012 Fact Discovery due by 4/20/2012. Expert Discovery due by 8/15/2012. Dispositive Motion and Non-Dispositive Motion Filing due by 9/7/2012. Responses due by 9/28/2012. Replies due by 10/11/2012. Joint Pretrial Order due by 1/7/2013. Request for transcript or real time reporting of trial proceedings due by 12/21/2012. Motions in Limine due 12/21/2012. Confer and advise the Court which limine requests the parties agree to due 1/7/2013. Pretrial Conference set for 1/10/2013 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison Jury Selection set for 1/14/2013 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison Jury Trial set for 1/14/2013 at 09:30 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, ) (Entered: 11/07/2011)

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