Duhn Oil Tool Inc v. Cooper Cameron Corporation

Filing 429

ORDER Granting Defendant Cameron's 414 Motion to Dismiss Plaintiff Duhn Oil's Second Amended Complaint Claims of Contributory and Inducement Infringement signed by Judge Oliver W. Wanger on 06/18/2010. Amended Complaint due by 7/9/2010. (Flores, E)

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CHARLES J. ROGERS, admitted pro hac vice CONLEY ROSE, P.C. 600 Travis Street, Suite 7100 Houston, Texas 77002-2912 Telephone: [phone] Facsimile: [phone] e-mail: [e-mail] Attorneys for Defendant Cooper Cameron Corporation n/k/a Cameron International Corporation UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DUHN OIL TOOL, INC., Plaintiff/Counterclaim-Defendant, vs. COOPER CAMERON CORPORATION, n/k/a CAMERON INTERNATIONAL CORPORATION, Defendant/Counterclaim-Plaintiff. Case No. 1:05-cv-01411-OWW-GSA ORDER GRANTING DEFENDANT CAMERON'S MOTION TO DISMISS PLAINTIFF DUHN OIL'S SECOND AMENDED COMPLAINT CLAIMS OF CONTRIBUTORY AND INDUCEMENT INFRINGEMENT 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.

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ORDER GRANTING CAMERON'S MOTION TO DISMISS

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IT IS SO ORDERED. Dated: June 18, 2010 /s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE

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ORDER GRANTING CAMERON'S MOTION TO DISMISS