Terves Wins Significant Judgment, Sanctions, and Vindication in Ongoing Patent Dispute With Magnesium Machine, LLC

The case traces back to Terves patent lawsuit filed in the U.S. District Court for the Northern District of Ohio for patent infringement against Magnesium Machines importer, Ecometal Inc.

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Business Wire, Inc.Business Wire, Inc.
Retrieved on: 
Wednesday, April 20, 2022
Information
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Environment, Technology, Oil, Gas, Manufacturing, Other Technology, Energy, Other Manufacturing, Pressure, Patent, List, Judgement, LLC, Ohio District Courts of Appeals, Duncan, Bacteria, Magnesium, Court, United States Court of Appeals for the Sixth Circuit, Sale, Same-sex marriage in the Sixth Circuit, Technology, Temperature, Douglas v. U.S. District Court ex rel Talk America, Environment, PH, District court, Industry, Time, P.C, Online gambling
Geotags: 
OHIO, UNITED STATES, NORTH AMERICA, ASIA, MENA, SOUTH AMERICA, EUROPE
Summary
Key Points: 
  • The case traces back to Terves patent lawsuit filed in the U.S. District Court for the Northern District of Ohio for patent infringement against Magnesium Machines importer, Ecometal Inc.
  • Soon after Terves filed that case, Magnesium Machine sued Terves and its attorneys in the same Ohio District Court, alleging trade secret misappropriation.
  • Terves CEO, Andrew Sherman states, Terves is pleased that the Court analyzed the law and facts to not only confirm that we did nothing wrong, but that Magnesium Machines suit was brought deceptively.
  • Terves is the technology and cost leader in the development, manufacturing and sale of Engineered Response smart materials for the oil and gas industry.


Terves today announced that it has obtained a significant judgment and nearly $200,000 sanction award against Magnesium Machine, LLC (Duncan, OK) and its attorneys at Dunlap Codding, P.C., ending one of several legal battles with Magnesium Machine over Terves’ patented TervAlloy dissolvable metal used by the fracking industry.

The case traces back to Terves’ patent lawsuit filed in the U.S. District Court for the Northern District of Ohio for patent infringement against Magnesium Machine’s importer, Ecometal Inc. Soon after Terves filed that case, Magnesium Machine sued Terves and its attorneys in the same Ohio District Court, alleging trade secret misappropriation.

The same judge presiding over Terves’ patent case dismissed that trade secret case as brought in bad faith, declared that Magnesium Machine’s conduct was “at best intentionally misleading, and at worst, intentionally deceptive,” and ruled its attorneys litigated “unreasonably and vexatiously.”

After the U.S. Court of Appeals for the Sixth Circuit affirmed those rulings in December 2021, the Ohio District Court ordered Magnesium Machine and Dunlap Codding to reimburse Terves for nearly $200,000 in legal fees that Terves incurred defending against the frivolous lawsuit.

Terves’ CEO, Andrew Sherman states, “Terves is pleased that the Court analyzed the law and facts to not only confirm that we did nothing wrong, but that Magnesium Machine’s suit was brought deceptively.”

About Terves

Terves is the technology and cost leader in the development, manufacturing and sale of Engineered Response™ smart materials for the oil and gas industry. Terves’ intelligent materials sense and respond to their local wellbore environment to “do more”, such as dissolve, change dimensions, generate force or heat, destroy chemicals or bacteria, bond together, or solubilize and disperse based on change in time, temperature, pressure, PH, electrostatic charge, or other change in the local environment.

Terves is the leading manufacturer of dissolvable metals and dissolvable elastomers that are used for making frac balls, plugs, slips, seals and several other components used in oil and gas well completion and production; and have been used for completing tens of thousands of stages in North America, Europe, South America, Asia and MENA regions.

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