Womble Bond Dickinson client DynaEnergetics earned a defense verdict in the U.S. District Court for the Western District of Texas, marking the third time in six years that the firm has secured a favorable defense verdict in Texas courts. DynaEnergetics was represented by a team of attorneys from Womble, including Barry Herman, Preston Heard, Christine Dupriest, Julie Giardina, and Jace Williams, along with co-counsel Lisa Moyles and Jason Rockman from Moyles IP, and Mark Siegmund from Cherry Johnson Siegmund James PLLC.
In 2021, Repeat Precision, a competitor in the oil and gas industry, filed a lawsuit against DynaEnergetics, alleging that one of DynaEnergetics’ products (a setting tool used in downhole perforating) infringed on one of its patents. Repeat Precision sought damages and an injunction to halt DynaEnergetics’ production and sale of the setting tool. On Monday, April 3, 2023, the jury concluded that DynaEnergetics did not infringe any asserted patent claims.
“We are pleased that the jury ruled in our favor,” said Ian Grieves, president of DynaEnergetics. “Our legal team from Womble and Moyles IP has been an essential partner in our success for many years, and this victory is a testament to the strength of our partnership. Their deep understanding of our technology, industry, and business allowed them to develop a nuanced and effective defense strategy critical to securing this victory.”
“We are grateful to the jury for carefully considering the evidence,” said Barry Herman. “This verdict is another well-deserved win for DynaEnergetics, reinforcing the company’s long-standing commitment to innovation and its respect for intellectual property.”
The five-day jury trial was presided over by U.S. District Judge Alan Albright, one of the most active patent litigation judges in the country. After the jury returned the verdict, he told the jury that they were “lucky to have these lawyers,” and “[y]ou’re not going to see lawyers better than this ever, anywhere you go, full stop.”