7213799v1/016698

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

KERR MACHINE CO.,

Plaintiff,

v.

VULCAN INDUSTRIAL HOLDINGS, LLC;

Defendant.

CIVIL ACTION NO. 6:20-cv-200

JURY TRIAL DEMANDED

PLAINTIFF’S ORIGINAL COMPLAINT FOR 

PATENT INFRINGEMENT AND JURY DEMAND

Plaintiff Kerr Machine Co. files this Original Complaint for Patent Infringement and Jury 

Demand against Defendant Vulcan Industrial Holdings, LLC (“Vulcan Industrial”). Plaintiff 

alleges infringement of United States Patent Number 10,591,070 (the “’070 Patent”) as follows:

Parties

1. Plaintiff Kerr Machine Co., doing business as Kerr Pumps (hereinafter Plaintiff will 

be referred to as “Kerr Pumps”) is a corporation organized and existing under the laws of 

Oklahoma, with its principal place of business at 2214 West 14th Street, Sulphur, OK 73086.

2. Defendant Vulcan Industrial is a company organized and existing under the laws of 

Delaware, with its principal place of business at 1990 Post Oak Boulevard, Suite 2400, Houston, 

TX 77056. 

3. Defendant Vulcan Industrial maintains a regular and established place of business 

and does business in Texas and in the Western District of Texas, inter alia, at its Service Center at 

2107 East County Road 130, Building 5, Midland, TX 79706.

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 1 of 7
7213799v1/016698 2

4. By having a headquarters located in Texas and by having facilities where it 

regularly conducts business in this District, Defendant Vulcan Industrial has a permanent and 

continuous presence in Texas and an established place of business in the Western District of Texas.

Jurisdiction

5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 

1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et seq.

6. This Court has personal jurisdiction over Defendant because, directly or through 

intermediaries, it has committed acts within the District giving rise to this action and/or has 

established minimum contacts with the District such that the exercise of jurisdiction would not 

offend traditional notions of fair play and substantial justice.

7. Defendant has committed acts of infringement of the ’070 Patent within this District 

by making, using, selling, offering for sale, and/or importing in or into this District products that 

have the same construction as the claimed fluid end assembly of the ’070 Patent, have the same 

construction as the claimed system of the ’070 Patent, and made by practicing the claimed methods 

of the ’070 Patent. Defendant has also placed, and is continuing to place, infringing products into 

the stream of commerce, via an established distribution channel, with the knowledge and/or 

understanding that such products are sold in the State of Texas, including this District. 

8. Defendant has derived substantial revenues from its infringing acts in this District, 

including from its manufacturing and sale of infringing products in the United States.

Venue

9. Venue is proper against Vulcan Industrial in this District pursuant to 28 U.S.C. 

§ 1400(b) because Vulcan Industrial has committed acts of infringement in the District and has a 

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 2 of 7
7213799v1/016698 3

regular and established place of business in the District. In re Cray Inc., 871 F.3d 1355, 1362-63 

(Fed. Cir. 2017). 

United States Patent Number 10,591,070

10. On March 17, 2020, the U.S. Patent and Trademark Office duly and legally issued 

U.S. Patent No. 10,591,070 (“the ’070 patent”) titled, “Sealing High Pressure Flow Devices.” A 

true and correct copy of the ’070 Patent is attached as Exhibit A.

11. The ’070 Patent was filed on September 18, 2019 as patent application serial 

number 16/574,918 and was published as United States Patent Application Publication US 

2020/0011434 A1 on January 9, 2020. 

12. The ’070 Patent is a divisional application of application serial number 15/719,124, 

filed on September 28, 2017. 

13. Application serial number 15/719,124 is a continuation-in-part application of 

application serial number 15/280,642, which was filed on September 29, 2016. 

14. The ’070 Patent claims patent-eligible subject matter and is valid and enforceable. 

15. The named inventors of the ’070 Patent are Mark S. Nowell, Kelcy Jake Foster, 

Michael Eugene May, Brandon Scott Ayres, Christopher Todd Barnett, Michael Cole Thomas, 

and Guy J. Lapointe.

16. The named inventors conveyed to Kerr Pumps all rights, title, and interest in and to 

the invention of the ’070 Patent and its underlying patent applications, including the right to sue 

and recover for patent infringements, by written assignments recorded in the United States Patent 

and Trademark Office.

17. Kerr Pumps is the exclusive owner by assignment of all rights, title, and interest in 

the ’070 Patent, including the right to bring this suit for injunctive relief and damages, and 

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 3 of 7
7213799v1/016698 4

including the right to sue and recover all past, present and future damages for infringement of the 

’070 Patent.

18. Defendant has been on notice of the ’070 Patent since the date of publication of 

United States Patent Application Publication US 2020/0011434 A1 on January 9, 2020.

The Accused Instrumentalities

19. Defendant makes, uses, sells, and/or offers to sell in the United States and/or 

imports into the United States fluid ends for use in the oil and gas industry.

20. Hereafter, the term “Accused Instrumentalities” refers to all products manufactured 

by Defendant practicing the ’070 Patent and all processes employed by Defendant that practice the 

’070 Patent, including at least the fluid ends sold under the brand name Icon Evo.

Count 1

(Vulcan Industrial’s Infringement of the ’070 Patent)

21. Kerr Pumps repeats and re-alleges the allegations in the preceding paragraphs as if 

fully set forth herein.

22. The Accused Instrumentalities include a fluid end assembly. The fluid end 

assembly includes a housing having a first conduit extending therethrough. The fluid end assembly 

further includes a second conduit extending therethrough that intersects the first conduit. The fluid 

end assembly includes an endless groove formed in the housing such that the groove surrounds the 

first conduit. The fluid end assembly has a seal positioned within the groove. The fluid end 

assembly has a tubular sleeve installed within the second conduit such that at least a portion of the 

sleeve engages the seal. The fluid end assembly has a plurality of packing seals disposed within 

the sleeve. The fluid end assembly has a reciprocating plunger disposed at least partially within 

the sleeve and the plurality of packing seals.

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 4 of 7
7213799v1/016698 5

23. The Accused Instrumentalities, for example, include the Icon Evo fluid end. Vulcan 

Industrial’s advertising materials showing the Icon Evo fluid end are attached as Exhibit B.

24. Vulcan Industrial’s advertising materials of the Icon Evo fluid end shows a housing 

having a first conduit extending therethrough, and a second conduit extending therethrough that 

intersects the first conduit.

25. Vulcan Industrial’s advertising materials of the Icon Evo fluid end shows an endless 

groove formed in the housing such that the groove surrounds the second conduit.

26. Vulcan Industrial’s advertising materials of the Icon Evo fluid end shows a seal 

positioned within the groove.

27. Vulcan Industrial’s advertising materials of the Icon Evo fluid end shows a tubular 

sleeve installed within the second conduit such that at least a portion of the sleeve engages the seal. 

28. Vulcan Industrial’s advertising materials of the Icon Evo fluid end shows a plurality 

of packing seals disposed within the sleeve.

29. Vulcan Industrial’s advertising materials of the Icon Evo fluid end shows a 

reciprocating plunger disposed at least partially within the sleeve and the plurality of packing seals. 

30. Defendant has directly infringed and continues to directly infringe the ’070 Patent, 

in violation of 35 § U.S.C. 271(a) & (g) by making, using, selling, offering to sell, and/or importing 

in or into the United States Accused Instrumentalities and other products that include the elements 

claimed in or equivalent to the ’070 Patent as described above, including at least claim 6 of the 

’070 Patent.

31. In addition to the foregoing and/or in the alternative, Defendant is liable as a 

contributory infringer of the ’070 Patent under 35 U.S.C. § 271(c). Defendant has offered to sell 

and/or sold within the United States services for manufacturing and designs for the Accused 

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 5 of 7
7213799v1/016698 6

Instrumentalities that practice the ’070 Patent. The Accused Instrumentalities comprise fluid ends

and parts for fluid ends, each of which constitutes a material part of the ’070 Patent’s invention. 

32. Moreover, Defendant’s infringement of the ’070 patent was willful. At least by 

January 9, 2020, Vulcan Industrial had constructive notice of the ’070 Patent. Nevertheless, 

without authorization, Vulcan Industrial continued to infringe the ’070 patent in the manners 

described above, both directly and through its agents, including by, on information and belief, 

making, using, offering for sale, selling, and/or importing the Accused Instrumentalities.

33. Defendant’s acts of infringement have caused damage to Kerr Pumps, and Kerr 

Pumps is entitled to recover from Defendant the damages it has sustained as a result of Defendant’s

wrongful acts in an amount subject to proof at trial.

34. Defendant’s infringement of Kerr Pumps’s exclusive rights under the ’070 Patent 

has caused Kerr Pumps irreparable harm for which there is no adequate remedy at law, unless the 

infringement is enjoined by this Court.

Demand for Jury Trial

35. Kerr Pumps hereby demands a jury trial for all issues so triable. 

Prayer for Relief

WHEREFORE, Kerr Pumps prays for judgment as follows: 

A. Declaring that Vulcan Industrial has infringed the ’070 Patent, contributed to the 

infringement of the ’070 Patent, and/or induced the infringement of the ’070 Patent; 

B. Awarding damages arising out of Vulcan Industrial’s infringement of the ’070

Patent, including enhanced damages pursuant to 35 U.S.C. § 284 and a compulsory future royalty 

until expiration of the ’070 Patent, to Kerr Pumps, together with prejudgment and post-judgment 

interest, in an amount according to proof; 

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 6 of 7
7213799v1/016698 7

C. Permanently enjoining pursuant to 35 U.S.C. § 283 Vulcan Industrial, its officers, 

agents, and employees, and those persons in active concert or participating with any of them, and 

its successors and assigns, from infringement, inducement of infringement, and contributory 

infringement of the ’070 Patent, including but not limited to making, using, selling and/or offering 

for sale within the United States or importing into the United States, any devices, products, 

software, or methods that infringe the ’070 Patent before the expiration of the ’070 Patent;

D. Awarding attorneys’ fees to Kerr Pumps pursuant to 35 U.S.C. § 285 or as 

otherwise permitted by law;

E. Awarding such other costs and further relief as the Court may deem just and proper.

Dated: March 19, 2020 Respectfully submitted,

By: /s/ Brian D. Melton

Brian D. Melton (Texas 24010620)

Daniel A. Wilson (Texas 24070859)

Thomas V. DelRosario (Texas 24110645)

(pro hac vice)

SUSMAN GODFREY LLP

1000 Louisiana Street, Suite 5100

Houston, Texas 77002

Tel: (713) 651-9366

Fax: (713) 654-6666

bmelton@susmangodfrey.com

dwilson@susmangodfrey.com

tdelrosario@susmangodfrey.com

COUNSEL FOR KERR MACHINE CO.

Case 6:20-cv-00200-ADA Document 1 Filed 03/19/20 Page 7 of 7