Case Details

CourtEastern District of Texas
Docket number2:12-cv-00417
Date case filed2012-07-30
Date case closed2012-12-17
Date of latest filing
Assigned toJudge Michael H. Schneider
Case cause35:271 Patent Infringement
Nature of suit830 Patent
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Gevo Inc
Party type: Plaintiff
Attorney name: Anthony Michael
Attorney Contact:
Paul Hastings LLP
75 East 55th Street
New York, NY 10022
212-318-6408
Fax: 212-230-7887
Email: [email protected]
TERMINATED: 11/05/2012

Attorney name: Claire Abernathy Henry
Attorney Contact:
Ward & Smith Law Firm
PO Box 1231
1127 Judson Road
Suite 220
Longview, TX 75606
903-757-6400
Fax: 903-757-2323
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Gerald J Flattmann , Jr.
Attorney Contact:
Paul Hastings LLP
75 East 55th Street
New York, NY 10022
212/318-6720
Fax: 212-230-7720
Email: [email protected]
TERMINATED: 11/05/2012

Attorney name: James Patrick Brogan
Attorney Contact:
Cooley LLP - Colorado
380 Interlocken Crescent
Suite 900
Broomfield, CO 80021
720-566-4000
Fax: 720-566-4099
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jason T Christiansen
Attorney Contact:
Paul Hastings LLP - Houston
1000 Louisiana Street
54th Floor
Houston, TX 77002
713-860-7333
Fax: 713-353-1053
Email: [email protected]
TERMINATED: 11/05/2012

Attorney name: Joseph M O'Malley , Jr.
Attorney Contact:
Paul Hastings LLP
75 East 55th Street
New York, NY 10022
212-318-6090
Fax: 212-230-7712
Email: [email protected]
TERMINATED: 11/05/2012

Attorney name: Kathryn Donley Duvall
Attorney Contact:
Cooley LLP - Palo Alto
3175 Hanover Street
Palo Alto, CA 94304
650-843-5000
Fax: 650-849-7400
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Michelle S Rhyu
Attorney Contact:
Cooley LLP - Palo Alto
3175 Hanover Street
Palo Alto, CA 94304
650-843-5000
Fax: 650-849-7400
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Preston K Ratliff , II
Attorney Contact:
Paul Hastings LLP
75 East 55th Street
New York, NY 10022
212-318-6055
Fax: 212-230-7742
Email: [email protected]
TERMINATED: 11/05/2012

Attorney name: Thomas John Ward , Jr
Attorney Contact:
Ward & Smith Law Firm
PO Box 1231
1127 Judson Road
Suite 220
Longview, TX 75606
903/757-6400
Fax: 903/757-2323
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Butamax (TM) Advanced Biofuels LLC
Party type: Defendant
Attorney name: Elizabeth L DeRieux
Attorney Contact:
Capshaw DeRieux LLP
114 E Commerce Avenue
Gladewater, TX 75647
(903) 233-4816
Fax: (903) 236-8787
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: E I DuPont de Nemours and Company
Party type: Defendant
Attorney name: Elizabeth L DeRieux
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: BP p.l.c.
Party type: Defendant
Attorney name: William C Slusser
Attorney Contact:
Fulbright & Jaworski LLP - Houston
Fulbright Tower
1301 McKinney
Suite 5100
Houston, TX 77010-3095
713/651-5500
Fax: 713-651-5246
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gilbert A Greene
Attorney Contact:
Fulbright & Jaworski, LLP - Austin
98 San Jacinto Boulevard
Suite 1100
Austin, TX 78701-4255
512/536-3097
Fax: 512/536-4598
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Melissa Richards Smith
Attorney Contact:
Gillam & Smith, LLP
303 South Washington Avenue
Marshall, TX 75670
903/934-8450
Fax: 903/934-9257
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: BP Corporation North America Inc
Party type: Defendant
Attorney name: William C Slusser
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gilbert A Greene
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Melissa Richards Smith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: BP Biofuels North America LLC
Party type: Defendant
Attorney name: William C Slusser
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gilbert A Greene
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Melissa Richards Smith
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-07-30 COMPLAINT against BP Biofuels North America LLC, BP Corporation North America Inc., BP p.l.c., Butamax (TM) Advanced Biofuels LLC, E.I. DuPont de Nemours and Co. ( Filing fee $ 350 receipt number 0540-3703529.), filed by Gevo, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - July 11, 2012 Issue Notification)(Ward, Thomas) (Entered: 07/30/2012)
1.1 Civil Cover Sheet
1.2 Exhibit 1 - July 11, 2012 Issue Notification
22012-07-30 CORPORATE DISCLOSURE STATEMENT filed by Gevo, Inc. (Ward, Thomas) (Entered: 07/30/2012)
32012-07-31 ORDER REFERRING CASE for Pretrial proceedings to Magistrate Judge Caroline Craven. Signed by Judge Michael H. Schneider on 7/31/12. (ehs, ) (Entered: 07/31/2012)
42012-07-31 SUMMONS Issued as to BP Biofuels North America LLC, BP Corporation North America Inc., BP p.l.c., Butamax (TM) Advanced Biofuels LLC, E.I. DuPont de Nemours and Co.. (Attachments: # 1 BP Corp North Am Inc, # 2 BP p.l.c., # 3 Butamax (TM) Advanced Biofuels, # 4 EI DuPont de Nemours and Co)(ehs, ) (Entered: 07/31/2012)
52012-07-31 ORDER signed by Magistrate Judge Caroline Craven on 7/31/12 ordering that thePlaintiff file a notice that the case is ready for a scheduling conference when all Defendants have either answered or filed a motion to transfer or dismiss. The notice must be filed within five days of the last remaining Defendants answer or motion.(bas) (Entered: 07/31/2012)
62012-08-03 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Ward, Thomas) (Entered: 08/03/2012)
72012-08-03 NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of Gevo Inc (Henry, Claire) (Entered: 08/03/2012)
82012-08-20 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Butamax (TM) Advanced Biofuels LLC, E I DuPont de Nemours and Company.( DeRieux, Elizabeth) (Entered: 08/20/2012)
92012-08-21 SUMMONS Returned Executed by Gevo Inc. BP Biofuels North America LLC served on 8/1/2012, answer due 8/22/2012; BP Corporation North America Inc served on 8/1/2012, answer due 8/22/2012; BP p.l.c. served on 8/1/2012, answer due 8/22/2012; Butamax (TM) Advanced Biofuels LLC served on 8/1/2012, answer due 8/22/2012; E I DuPont de Nemours and Company served on 8/1/2012, answer due 8/22/2012. (Attachments: # 1 Butamax (TM) Advanced Biofuels, # 2 BP Corporation N Am, # 3 BP Biofuels N Am, # 4 BP p.l.c.)(ehs, ) (Entered: 08/21/2012)
102012-08-21 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BP Biofuels North America LLC.( Slusser, William) (Entered: 08/21/2012)
112012-08-21 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BP Corporation North America Inc.( Slusser, William) (Entered: 08/21/2012)
122012-08-21 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BP p.l.c..( Slusser, William) (Entered: 08/21/2012)
132012-08-29 NOTICE of Attorney Appearance by Gilbert A Greene on behalf of BP Biofuels North America LLC, BP Corporation North America Inc, BP p.l.c. (Greene, Gilbert) (Entered: 08/29/2012)
142012-08-29 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of BP Biofuels North America LLC, BP Corporation North America Inc, BP p.l.c. (Smith, Melissa) (Entered: 08/29/2012)
152012-09-20 NOTICE of Attorney Appearance by Joseph M O'Malley, Jr on behalf of Gevo Inc (O'Malley, Joseph) (Entered: 09/20/2012)
162012-09-20 NOTICE of Attorney Appearance by Gerald J Flattmann, Jr on behalf of Gevo Inc (Flattmann, Gerald) (Entered: 09/20/2012)
172012-09-20 NOTICE of Attorney Appearance by Preston K Ratliff, II on behalf of Gevo Inc (Ratliff, Preston) (Entered: 09/20/2012)
182012-09-20 NOTICE of Attorney Appearance by Anthony Michael on behalf of Gevo Inc (Michael, Anthony) (Entered: 09/20/2012)
192012-09-20 NOTICE of Attorney Appearance by Jason T Christiansen on behalf of Gevo Inc (Christiansen, Jason) (Entered: 09/20/2012)
202012-09-21 ANSWER to 1 Complaint, by BP Biofuels North America LLC, BP Corporation North America Inc.(Slusser, William) (Entered: 09/21/2012)
212012-09-21 CORPORATE DISCLOSURE STATEMENT filed by BP Biofuels North America LLC, BP Corporation North America Inc identifying Corporate Parent BP America, Inc., Corporate Parent BP p.l.c., Corporate Parent BP Holdings North America Limited for BP Biofuels North America LLC, BP Corporation North America Inc. (Slusser, William) (Entered: 09/21/2012)
222012-09-21 ANSWER to 1 Complaint, by E I DuPont de Nemours and Company.(DeRieux, Elizabeth) (Entered: 09/21/2012)
232012-09-21 CORPORATE DISCLOSURE STATEMENT filed by E I DuPont de Nemours and Company (DeRieux, Elizabeth) (Entered: 09/21/2012)
242012-09-21 CORPORATE DISCLOSURE STATEMENT filed by Butamax (TM) Advanced Biofuels LLC identifying Other Affiliate BP p.l.c., Other Affiliate BP Biofuels North America LLC, Other Affiliate E. I. du Pont de Nemours and Company for Butamax (TM) Advanced Biofuels LLC. (DeRieux, Elizabeth) (Entered: 09/21/2012)
252012-09-21 MOTION to Dismiss for Lack of Jurisdiction (Personal) and, MOTION to Change Venue to the District of Delaware by Butamax (TM) Advanced Biofuels LLC, E I DuPont de Nemours and Company. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Matrai, # 3 Affidavit Gulliford, # 4 Exhibit A - 715 Patent, # 5 Exhibit B - 089 Patent, # 6 Exhibit C - 10-K Report, # 7 Exhibit D - 878 Patent, # 8 Exhibit E - 017 Patent, # 9 Exhibit F - 970 Patent, # 10 Exhibit G - 250 Patent, # 11 Exhibit H - 328 Patent, # 12 Exhibit I - 162 Patent, # 13 Exhibit J - 364 Patent, # 14 Exhibit K - 889 Patent, # 15 Exhibit L - 342 Patent, # 16 Exhibit M - 188 Patent, # 17 Exhibit N - Website Profile, # 18 Exhibit O - Website Profile, # 19 Exhibit P - Our Business: Isobutanol, # 20 Exhibit Q - Our Business: Production, # 21 Exhibit R - DE SOS Record, # 22 Exhibit S - Complaint, # 23 Exhibit T - Complaint, # 24 Exhibit U - Complaint, # 25 Exhibit V - Complaint, # 26 Exhibit W - Complaint, # 27 Exhibit X - Complaint, # 28 Exhibit Y - Complaint, # 29 Exhibit Z - Complaint, # 30 Exhibit AA - Complaint, # 31 Exhibit BB - Complaint, # 32 Exhibit CC - Second Supp Initial Disclosures, # 33 Exhibit DD - Initial Disclosures, # 34 Exhibit EE - Third Supp Initial Disclosures, # 35 Exhibit FF - Public Records, # 36 Exhibit GG - Public Records, # 37 Exhibit HH - Amendment, # 38 Exhibit II - Website Profile, # 39 Exhibit JJ - Amendment, # 40 Exhibit KK - Public Records, # 41 Exhibit LL - Top 5 Report, # 42 Exhibit MM - Caseload Statistics, # 43 Exhibit NN - Caseload Statistics, # 44 Exhibit OO - Heritage Timeline, # 45 Exhibit PP - Prior Litigations Chart, # 46 Exhibit QQ - Patent Overlap, # 47 Exhibit RR - Patent Overlap)(DeRieux, Elizabeth) (Additional attachment(s) added on 9/24/2012: # 48 REVISED ORDER THAT IS IN PDF) (ch, ). (Entered: 09/21/2012)
262012-10-04 Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Change Venue to the District of Delaware MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and by Gevo Inc. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) (Entered: 10/04/2012)
272012-10-05 ORDER granting 26 Motion for Extension of Time to File Response re 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Change Venue to the District of Delaware. Responses due by 10/26/2012. Signed by Magistrate Judge Caroline Craven on 10/5/12. (mrm, ) (Entered: 10/05/2012)
282012-10-26 SEALED RESPONSE re 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Change Venue to the District of Delaware MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and AND MOTION FOR JURISDICTIONAL DISCOVERY filed by Gevo Inc. (Attachments: # 1 Affidavit Declaration of Daniel B. Goldman, # 2 Exhibit A - to declaration, # 3 Exhibit B - to declaration, # 4 Exhibit C - to declaration, # 5 Exhibit D - to declaration, # 6 Exhibit E - to declaration, # 7 Exhibit F - to declaration, # 8 Exhibit G - to declaration, # 9 Exhibit H - to declaration, # 10 Exhibit I - to declaration, # 11 Exhibit J - to declaration, # 12 Exhibit K - to declaration, # 13 Exhibit L - to declaration, # 14 Exhibit M - to declaration, # 15 Exhibit N - to declaration, # 16 Exhibit O - to declaration, # 17 Exhibit P - to declaration, # 18 Exhibit Q - to declaration, # 19 Exhibit R - to declaration, # 20 Exhibit S - to declaration, # 21 Exhibit T - to declaration, # 22 Exhibit U - to declaration, # 23 Exhibit V - to declaration, # 24 Exhibit W - to declaration, # 25 Exhibit X - to declaration, # 26 Exhibit Y - to declaration, # 27 Exhibit Z - to declaration)(Ward, Thomas) (Entered: 10/26/2012)
292012-10-26 SEALED ADDITIONAL ATTACHMENTS to Main Document: 28 Sealed Response to Motion. (Attachments: # 1 Exhibit AA - to declaration, # 2 Exhibit BB - to declaration, # 3 Exhibit CC - to declaration, # 4 Exhibit DD - to declaration, # 5 Exhibit EE - to declaration, # 6 Exhibit FF - to declaration, # 7 Exhibit GG - to declaration)(Ward, Thomas) (Entered: 10/26/2012)
302012-10-26 Unopposed MOTION to Seal Document 29 Sealed Additional Attachments to Main Document, 28 Sealed Response to Motion,,,,,, by Gevo Inc. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) (Entered: 10/26/2012)
312012-10-29 SEALED ADDITIONAL ATTACHMENTS to Main Document (Certificate of authority): 28 Sealed Response to Motion. (Ward, Thomas) Modified on 10/29/2012 (sm, ). (Entered: 10/29/2012)
322012-10-29 ORDER granting 30 Motion to Seal Document. Signed by Magistrate Judge Caroline Craven on 10/29/12. (bas) (Entered: 10/29/2012)
332012-10-30 NOTICE of Attorney Appearance by James Patrick Brogan on behalf of Gevo Inc (Brogan, James) (Entered: 10/30/2012)
342012-10-30 NOTICE of Attorney Appearance - Pro Hac Vice by Michelle S Rhyu on behalf of Gevo Inc. Filing fee $ 100, receipt number 0540-3851335. (Rhyu, Michelle) (Entered: 10/30/2012)
352012-10-30 NOTICE of Attorney Appearance by Kathryn Donley Duvall on behalf of Gevo Inc (Duvall, Kathryn) (Entered: 10/30/2012)
362012-10-31 Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Change Venue to the District of Delaware MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and by Butamax (TM) Advanced Biofuels LLC. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 10/31/2012)
372012-11-01 ORDER granting 36 Motion for Extension of Time to File Reply. The new deadline is NOVEMBER 15, 2012. Signed by Magistrate Judge Caroline Craven on 11/01/12. (bas) (Entered: 11/01/2012)
382012-11-03 Unopposed MOTION to Withdraw as Attorney (Jason T. Christiansen, Gerald J. Flattmann, Preston K. Ratliff II, Joseph M. OMalley, Jr. and Anthony Michael of Paul Hastings LLP), Unopposed MOTION to Substitute Attorney (Michelle S. Rhyu, James P. Brogan and Kathryn D. Duvall of Cooley LLP) by Gevo Inc. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) (Entered: 11/03/2012)
392012-11-05 ORDER GRANTING 38 Motion to Withdraw as Attorney. Attorneys Anthony Michael; Joseph M O'Malley, Jr; Preston K Ratliff, II; Jason T Christiansen and Gerald J Flattmann, Jr terminated; And GRANTING 38 Motion to Substitute Attorney. Attorney Anthony Michael; Joseph M O'Malley, Jr; Preston K Ratliff, II; Jason T Christiansen and Gerald J Flattmann, Jr terminated. Signed by Magistrate Judge Caroline Craven on 11/5/2012. (sm, ) (Entered: 11/05/2012)
402012-11-13 Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Change Venue to the District of Delaware MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and by Butamax (TM) Advanced Biofuels LLC, E I DuPont de Nemours and Company. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 11/13/2012)
412012-11-14 ORDER granting 40 Motion for Extension of Time to File Reply. Signed by Magistrate Judge Caroline Craven on 11/14/12. (bas) (Entered: 11/14/2012)
422012-11-20 NOTICE by Gevo Inc re 28 Sealed Response to Motion,,,,,, of Withdrawal of Opposition to Defendants' Motion to Transfer (Ward, Thomas) (Entered: 11/20/2012)
432012-11-21 Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Change Venue to the District of Delaware MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and MOTION to Dismiss for Lack of Jurisdiction (Personal) and by Butamax (TM) Advanced Biofuels LLC, E I DuPont de Nemours and Company. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 11/21/2012)
442012-11-26 ORDER granting 43 Motion for Extension of Time to File Reply. The new deadline is DECEMBER 5, 2012. Signed by Magistrate Judge Caroline Craven on 11/26/12. (bas) (Entered: 11/26/2012)
452012-12-17 ORDER granting 25 Motion to Change Venue. (Case now being transferred to District of Delaware.) Signed by Magistrate Judge Caroline Craven on 12/17/12. (bas) (Entered: 12/17/2012)
462012-12-18 Case transferred to District of Delaware. Their case number is 1:12cv1724. (bas) (Entered: 12/18/2012)