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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION WEATHERFORD INTERNATIONAL, LLC

and WEATHERFORD/LAMB, INC., Plaintiff, v. BLACKHAWK SPECIALTY TOOLS, LLC, Defendant.

Civil Action No. 4:14-cv-00455 JURY TRIAL DEMANDED

ORIGINAL COMPLAINT Weatherford International, LLC and Weatherford/Lamb, Inc. (collectively,

Weatherford), for its original complaint of patent infringement against Blackhawk Specialty Tools, LLC, allege as follows: THE PARTIES 1. Plaintiff Weatherford International, LLC is a Delaware corporation with its

principal place of business in Houston, Texas. 2. Plaintiff Weatherford/Lamb, Inc. is a Delaware corporation with its principal

place of business in Houston, Texas. 3. Defendant Blackhawk is a Texas limited liability company having its principal

place of business in Houston, Texas. JURISDICTION & VENUE 4. This action arises under the patent statutes of the United States,

35 U.S.C. 271 et seq. Accordingly, the Court has federal question jurisdiction over this matter under 28 U.S.C. 1331 and 1338(a).

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5. 6.

This Court has specific and general jurisdiction over Blackhawk. Venue is proper in this district under 28 U.S.C. 1391(b) and (c) and 1400(b). FACTS AND BACKGROUND

Weatherfords 333 Patent for a Centralizer 7. Weatherford is one of the largest oil and gas service providers with a presence in

every major oil and gas region in the world. Weatherford specializes in formation evaluation, drilling, well construction, completion, and production. 8. Weatherford developed and patented an improved centralizer designed to keep

casing centralized in a well while cement slurry is pumped between the casing and wellbore during drilling operations. 9. The patent office issued United States Patent No. 5,575,333 (the 333 patent) on

November 19, 1996 for the invention. The patent office reexamined the 333 patent and issued a reexamination certificate on November 27, 2007. A copy of the 333 patent and reexamination certificate are attached as Exhibit A. 10. 11. 12. Weatherford/Lamb, Inc. owns the 333 patent by assignment. Weatherford International LLC owns exclusive rights to the 333 patent. Weatherford manufactures and sells centralizers covered by the claims of the These centralizers have been

333 patent under the name Bow Spring Centralizer Sub.

successful in the market since its introduction in 1995, especially for casing strings with ultratight clearance. Blackhawk Infringes the 333 Patent 13. Blackhawk is an oil and gas services provider focused on cementing and well

construction. Blackhawk manufactures and markets centralizers that, on information and belief, are covered by claims of the 333 patent.
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14.

Blackhawk is managed by a former Weatherford employee who has knowledge of

the 333 patent because he one of the named inventors of the patent and was actively involved in the procurement and enforcement of the patent. 15. On information and belief, Blackhawk first manufactured the infringing

centralizers at least as early as November 2012 and markets the centralizer for use in the offshore market. 16. Weatherford notified Blackhawk of its infringing activities by letter dated

April 17, 2013.

Count 1: Patent Infringement 17. Weatherford adopts and incorporates by reference the allegations set forth in

paragraphs 116. 18. On information and belief, Blackhawk infringes claims of the 333 patent by

making, using, selling, and offering to sell centralizers for use in drilling operations. 19. On information and belief, Blackhawk was actually aware of the 333 patent and

willfully committed acts of infringement, entitling Weatherford to increased damages under 35 U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285. 20. On information and belief, Blackhawk will continue to infringe the claims in the

333 patent unless enjoined by this Court. 21. Weatherford has been and will continue to be irreparably harmed by Blackhawks

infringing acts, requiring the entry of a permanent injunction to prevent Blackhawks further infringement of the 333 patent because Weatherford does not have another adequate remedy at law.

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Jury Demand 22. Weatherford demands a trial by jury on all issues.

Prayer for Relief WHEREFORE, Weatherford prays the Court to: (a) (b) (c) grant a permanent injunction against Blackhawks continued infringement; award damages of not less than a reasonable royalty; find that Blackhawks infringement has been willful under 35 U.S.C. 284 and increase such damages to three times the awarded amount; (d) (e) award prejudgment and postjudgment interest; find that this case in an exceptional case under 35 U.S.C. 285 and award attorneys fees; (f) (g) award costs; and grant all other relief to which Weatherford is entitled.

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February 24, 2014

/s/ Charles B. Walker, Jr. Charles B. Walker, Jr. Attorney-in-Charge State Bar No. 00794808 S.D. Tex. Bar. No. 19307 FULBRIGHT & JAWORSKI LLP 1301 McKinney, Suite 5100 Houston, TX 77010-3095 Tel. 713.651.5203 Fax. 713.651.5246 email: charles.walker@nortonrosefulbright.com

COUNSEL FOR WEATHERFORD INTERNATIONAL, LLC and WEATHERFORD/LAMB, INC.

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