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Duhn Oil Tool, Inc. v. Cooper Cameron Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 18, 2010

DUHN OIL TOOL, INC., PLAINTIFF/COUNTERCLAIM-DEFENDANT,
v.
COOPER CAMERON CORPORATION, N/K/A CAMERON INTERNATIONAL INFRINGEMENT CORPORATION, DEFENDANT/COUNTERCLAIM-PLAINTIFF.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER GRANTING DEFENDANT CAMERON'S MOTION TO DISMISS PLAINTIFF DUHN OIL'S SECOND AMENDED COMPLAINT CLAIMS OF CONTRIBUTORY AND INDUCEMENT

Hon. Oliver W. Wanger

Pending before this Court is Defendant Cooper Cameron Corporation, n/k/a Cameron International Corporation, ("Cameron")'s Motion to dismiss the contributory and inducement infringement claims in Plaintiff Duhn Oil Tool, Inc. ("Duhn Oil")'s Second Amended Complaint. As set forth in this Court's Memorandum Decision entered June 9, 2010 (Docket No. 425), Cameron's Motion to Dismiss (Docket No. 414) is GRANTED WITH LEAVE TO AMEND. Duhn Oil shall allege the specific conduct by Cameron which invites third parties to directly infringe and shall identify any such third party infringers of the '925 patent and how that infringement is or was accomplished. Duhn Oil shall allege how Cameron's actions or conduct contributed to or induced direct infringement of the '925 Patent by third parties presently or in the past. Duhn Oil shall file a Third Amended Complaint within 15 days after the filing date by the Court of the Order.

Cameron's Response shall be filed within 15 days thereafter.

IT IS SO ORDERED.

20100618

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