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
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 Tanya Lynn-Coate Chaney Michael O Sutton |
Plaintiff | ||
Shell Oil Company | represented by | Matthew G Reeves (See above for address) ATTORNEY TO BE NOTICED Nathaniel Cochran Dunn Tanya Lynn-Coate Chaney Michael O Sutton |
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 William K Luyties |
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 Raymond W Mort , III William Morrison Parrish |
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 William Morrison Parrish J Daniel Harkins |
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 |
Counter Defendant | ||
Shell Oil Company | represented by | Matthew G Reeves (See above for address) ATTORNEY TO BE NOTICED Michael O Sutton |
Counter Claimant | ||
RMS Engineering, Inc. | represented by | Charles D Rusciano (See above for address) ATTORNEY TO BE NOTICED Paul J Goldenberg William K Luyties |
V. | ||
Counter Defendant | ||
Shell Global Solutions (US) Inc. | represented by | Matthew G Reeves (See above for address) ATTORNEY TO BE NOTICED Michael O Sutton |
Counter Defendant | ||
Shell Oil Company | represented by | Matthew G Reeves (See above for address) ATTORNEY TO BE NOTICED Michael O Sutton |
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) |