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HOUSTON—For the second time in less than a month, Womble Carlyle client DynaEnergetics US, Inc. has won a significant IP litigation decision in the Eastern District of Texas.
On April 27, U.S. Magistrate Judge Roy Payne sided with DynaEnergetics in canceling a trademark held by rival GEODynamics Inc. The ruling means GEODynamics cannot use the word “reactive” as a trademark in marketing its products. The company must print new packaging that does not include the term “reactive” and may not use the old packaging after 30 days.
The decision follows a late March patent infringement trial in which a jury found in favor of DynaEnergetics and co-defendants Anderson Perforating Services, LLC (“API”) and Tong Petrotech, Inc. (“Tong”). GEODynamics sued the three companies for alleged infringement of a method patent for use of DynaEnergetics’ DPEX® shaped charges in oil and gas well perforations. But the jury found in favor of DynaEnergetics, API and Tong on all counts, finding non-infringement and invalidity (on three different bases) of every asserted claim of the patent.
Law360 provided extensive coverage of the ruling. Womble Carlyle’s Barry Herman tells Law360 that the jury verdict, followed by Judge Payne’s decision “really shows that we were right from the outset that these allegations were baseless.”
Womble Carlyle attorneys Herman, Preston Heard, Christy Dupriest and Michael Nullet represented DynaEnergetics, API, and Tong in both the patent trial and the trademark proceedings, and attorneys Sarah Keefe and Will Hubbard also made significant contributions to the defense effort during the past two years. Lisa Moyles of Moyles IP, LLC and Findlay Craft PC’s Eric Findlay and Walter Lackey Jr. also represented DynaEnergetics.
Barry Herman is an intellectual property litigation partner working in Baltimore. He represents both domestic and foreign clients in a wide range of intellectual property matters, with an emphasis on patent litigation in district courts, the International Trade Commission, and the USPTO.
Preston Heard is an experienced intellectual property litigation attorney who has represented clients in U.S. District Court in numerous states, as well as before the International Trade Commission, and before the PTAB in post-grant proceedings. Preston’s practice is focused primarily on patent litigation and covers a broad range of technologies, including the mechanical, computer, and chemical arts.
Christy Dupriest focuses her practice on intellectual property and patent-related disputes for clients in a wide range of industries, including manufacturers and distributors of software, chemical, medical device and packaging products.
Michael Nullet is a registered patent attorney and focuses his practice on intellectual property and patent-related disputes. Before pursuing a legal career, Nullet worked for an IT startup that coordinated a multimillion- dollar autism research initiative across a dozen universities.
Sarah Keefe has more than 20 years experience in developing, clearing, registering and protecting trademarks and service marks. A significant portion of Sarah’s practice involves the handling of intellectual property disputes.
Will Hubbard advises clients on patent issues involving diverse technologies and represents clients in trademark and antitrust litigation. He also serves as an Associate Professor of Law at the University of Baltimore Law School.