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Duhn Oil Tool Inc. v. Cooper Cameron Corp.

February 17, 2010

DUHN OIL TOOL, INC., PLAINTIFF/COUNTERCLAIM-DEFENDANT,
v.
COOPER CAMERON CORPORATION, DEFENDANT/COUNTERCLAIM-PLAINTIFF.



The opinion of the court was delivered by: Hon. Gary S. Austin United States Magistrate Judge

AGREED DISCOVERY ORDER REGARDING MOTION BY DEFENDANT CAMERON TO COMPEL DISCOVERY FROM PLAINTIFF DUHN OIL AGREED DISCOVERY ORDER RE MOTION BY DEFENDANT CAMERON TO COMPEL DISCOVERY Date: January 29, 2010 Time: 9:30 a.m. Ctrm: Courtroom 10, 6th Floor Judge: Hon. Gary S. Austin

Issues Resolved by Agreement

Defendant Cameron filed its Motion to Compel (Docket No. 368) regarding Cameron's Fourth Set of Interrogatories to Duhn Oil (Nos. 26-40) and Cameron's Third Set of Requests for Production of Documents to Duhn Oil (Nos. 46-58). In addition, Cameron in its Motion requested that this Court compel the Rule 30(b)(6) deposition of Duhn Oil, order Duhn Oil to produce a privilege log, order Duhn Oil to fully disclose the identity of its affiliates, and order each of these affiliates to respond to written discovery requests to disclose their affiliate status and number of employees. The parties and Duhn Oil's affiliates represented by Duhn Oil's counsel were able to reach agreements to resolve a number of these discovery issues as follows:

1) Rule 30(b)(6) deposition. Plaintiff Duhn Oil will present a corporate representative to be deposed regarding the following topics:

a) Duhn Oil's Answers to Defendant's Cameron's Fourth Set of Interrogatories to Plaintiff Duhn Oil (Nos. 26-40).

b) Duhn Oil's Responses Defendant Cameron's Third Set of Requests for Production of Documents and Tangible Things to Plaintiff Duhn Oil (Nos. 46-58).

c) Conception and reduction to practice for each claim of the '925 patent for which inventorship is an issue, and Duhn Oil's contentions regarding any diligence exercised by an inventor from conception up through the filing date of the patent applications that issued as the '925 patent.

2) Interrogatory Nos. 26-31, 33, 35, 36, 38-40. The parties have resolved the issues regarding these Interrogatories as follows:

Interrogatory No. 26

In response to Interrogatory No. 26, Duhn Oil will disclose its infringement contentions in a chart-based limitation-by-limitation format, specifically and separately stating its infringement contentions for each asserted claim for Cameron's New Style and Original design frac mandrels. Duhn Oil will identify the asserted claims, and for each such claim specifically and separately identify where each such limitation of each such claim is found in the accused product.

Interrogatory No. 27

Cameron withdraws this Interrogatory No. 29 as cumulative to Interrogatory No. 26.

Interrogatory No. 28

Duhn Oil will supplement its response to Interrogatory No. 28 (not subject to objections) to provide an answer that is complete in and of itself, and not refer to pleadings, depositions, or other documents.

Interrogatory No. 29

Cameron withdraws this Interrogatory No. 29 as cumulative to Interrogatory No. 28.

Interrogatory No. 30

Cameron and Duhn Oil agree that Duhn Oil's answer to Interrogatory No. 31 will provide a complete answer to the information requested in this Interrogatory No. 30.

Interrogatory No. 31

Duhn Oil will withdraw all objections and supplement its response to Interrogatory No. 31 to provide a traditional claim chart.

Interrogatory No. 33

Duhn Oil will respond without objection to Interrogatory No. 33 that:

(1) Duhn Oil is not currently eligible for reduced patent fees under 13 C.F.R. ...


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