UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

MARK L. BECNEL AND JASON M. BECNEL, Plaintiffs,

CIVIL ACTION NO. 13-_____

versus
SOUTHLAND RENTAL TOOLS, INC.

Defendant.

ORIGINAL COMPLAINT Mark L. Becnel and Jason M. Becnel (collectively, the Becnels) bring this Complaint for defamation, unfair trade practices, unjust enrichment, and patent infringement of, and declaratory judgments with respect to, U.S. Patent No. 6,354,380 (the 380 Patent) against Defendant Southland Rental Tools, Inc. (Southland or Defendant). The 380 Patent is attached as an exhibit. 1. Plaintiffs Mark Becnel and Jason Becnel are of the full age of majority and are residents of Plaquemines Parish, Louisiana. 2. Southland is incorporated under the laws of Louisiana and its principal place of business is located in Plaquemines Parish, Louisiana. 3. This is an action for, inter alia, patent infringement under 35 U.S.C. 271 and declaratory judgment under 28 U.S.C. 2201 and 2202, brought for the purpose of determining

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questions of law and fact as to an actual controversy between the parties herein. 4. This Court has jurisdiction over the matter under 28 U.S.C. 1331, 1338, and 1367. Plaintiffs state law claims form part of the same case or controversy as claims for which there is federal subject matter jurisdiction, as demonstrated by a common nucleus of operative fact and as described below. 5. Venue is proper in this Court under 28 U.S.C. 1391(b) because at least one Defendant resides in, and because a substantial part of the events giving rise to the claims occurred in, the Eastern District of Louisiana. The Becnels Invent an Apparatus and Methods for Guiding Wireline 6. Mark Becnel and Jason Becnel both began as warehouse hands for Southland in 1982 and 1993, respectively. 7. Southland did not hire the Becnels to engage in research or development of any kind, nor were they hired to invent any tool or method. 8. During the Becnels employment with Southland, they were never directed to engage in research or development of any kind, nor where they directed to invent any tool or method. 9. The Becnels never received any special compensation for inventing any tool or method. 10.
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Mark Becnel and Jason Becnel have decades of experience with equipment used in the oil and gas industry. After an oil well is drilled, electronic equipment may be lowered into the well and connected to the surface by a wireline, an insulated electrical cord. An insert bowl is placed above the surface level of the oil well and the wireline is lowered and raised through the bowl. The Becnels recognized that wirelines would sometimes become damaged or break as they scraped along the top edge of the insert bowl while being lowered into and raised out of a well. 11. In early 2000, the Becnels conceived of a modified insert bowl that would allow a wireline to be lowered and raised through the bowl without damaging the wireline. 12. In early 2000, the Becnels informed Defendant that they felt that their invention was patentable, and Southland agreed to pay to hire a patent attorney. 13. In early 2000, Mark Becnel engaged Shawn Sentilles, a patent attorney, to prepare a patent application. 14. Southland and the Becnels were jointly represented by Sentilles. 15. In April 2000, when preparing the documents required for a patent application, Sentilles asked Mark Becnel to execute a patent assignment to Southland. 16. After Mark Becnel indicated that he did not know what an assignment was, Sentilles explained that an assignment would mean that he would transfer all of his rights in the patent to
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Southland. 17. Relying on Sentilles advice, Mark Becnel indicated that he did not want to transfer all his rights in the patent, and he refused to execute the assignment. Sentilles advised Becnel to license the patent to Southland. 18. In April 2000, Mark Becnel sent Sentilles a memorandum with instructions to change Southlands proposed assignment to a license based upon the legal advice provided by Sentilles. 19. Neither Mark Becnel nor Jason Becnel have ever executed an assignment of, or otherwise transferred their exclusive rights in, the 380 Patent to Southland. 20. Instead of assigning their rights to Southland, the Becnels granted Southland a royaltyfree, non-exclusive patent license having term that would continue as long as they were employed with Southland. 21. In the papers accompanying the Becnels patent application, Southland was listed as a licensee. 22. Southland received all copies of the patent application papers, including Mark Becnels memorandum to Sentilles regarding his refusal to execute a patent assignment and the patent application documents indicating that Southland was a licensee. 23.
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The Becnels patent application was filed on April 18, 2000. On March 12, 2002, the United States Patent and Trademark Office issued the 380 Patent, entitled Apparatus for Guiding Wireline and identified the Becnels as the inventors. 24. In 2002, Sentilles contacted a third party suspected of infringing the 380 Patent so that a royalty agreement could be negotiated. 25. When the third party began paying licensing royalties, they were paid to Mark Becnel directly. 26. In 2005, Southland discovered that Mark Becnel had been receiving royalty payments in connection with the 380 Patent. Mark Becnel told Southland that he felt that he deserved the payments and that he had done nothing wrong. Nevertheless, using its disproportionate bargaining power as Mark Becnels employer, Southland forced him to instruct the third party to begin paying his patent royalties to Southland. 27. Mark Becnel and Jason Becnel owned the 380 Patent throughout the period of Southlands infringing acts, described below, and they still own the 380 Patent. 28. In March 2012, Southland terminated Mark Becnels employment after he refused to execute a written assignment of the patent to Southland. Jason Becnel subsequently resigned from Southland and also refused to execute a written assignment of the patent to Southland. 29.
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The Becnels were at-will employees of Southland. They were not founders of Southland, they never owned shares of Southland stock, they were not members of Southlands board of directors, and they never saw Southlands profit or loss statements. Neither Mark Becnel nor Jason Becnel were alter egos of Southland. Count I: Defamation 30. The preceding paragraphs are hereby incorporated by reference. 31. Margaret VanHaverbeke, Michael VanHaverbeke, Brian VanHaverbeke and/or Jason VanHaverbeke acting on behalf of Southland told customers and/or Southland employees that Mark Becnel and/or Jason Becnel stole from Southland and/or misappropriated Southland property. 32. Upon information and belief, Margaret VanHaverbeke, Michael VanHaverbeke, Brian VanHaverbeke and/or Jason VanHaverbeke acting on behalf of Southland also told individuals working for the New Orleans Saints that Mark Becnel and/or Jason Becnel stole from Southland and/or misappropriated Southland property. 33. Defendants allegations, made in bad faith and without probable cause, that Mark and Jason Becnel fraudulently misrepresented the ownership of the 380 Patent and patented apparatus and their rights in and to them and wrongfully converted and misappropriated Southlands property, have injured the professional reputation of Mark Becnel and Jason Becnel. 34.
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The Defendants false statements, made in bad faith and without probable cause, to customers and/or Southland employees, and to the individuals working for the New Orleans Saints, that Mark Becnel and/or Jason Becnel stole from Southland and/or misappropriated Southland property, have injured the professional reputation of Mark Becnel and Jason Becnel. 35. As a result of Defendants defamation, the Becnels have suffered actual damages and seek all damages available under the law. Count II: Louisiana Unfair Trade Practices 36. The preceding paragraphs are hereby incorporated by reference. 37. Through the false statements of Margaret VanHaverbeke, Michael VanHaverbeke, Brian VanHaverbeke and/ or Jason VanHaverbeke to customers and/or Southland employees, and to the individuals working for the New Orleans Saints, that Mark Becnel stole from Southland and/or misappropriated Southland property, Southland engaged in unfair and deceptive trade practices in violation of the Louisiana Unfair Trade Practices and Consumer Protection Law, La. R.S. 51:1401, et seq. 38. All of these actions were done to benefit Defendant and harm the Becnels, who have suffered actual damages and will continue to suffer injuries and damages, including injury to business reputation, goodwill and attorneys fees and costs, and thus seek all damages available under the law.

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Count III: Unjust Enrichment 39. The preceding paragraphs are hereby incorporated by reference. 40. Southland has been enriched without cause at the Becnels expense by collecting patent royalty payments for the 380 Patent that should have been paid to the Becnels, who own the 380 Patent. Count III: Patent Infringement 41. The preceding paragraphs are hereby incorporated by reference. 42. During the Becnels employment with Southland, Southland was permitted to practice the 380 Patent under a license having a term that continued until the Becnels no longer worked for Southland. The license ended upon the termination of the Becnels employment with Southland. 43. On information and belief, Defendant has infringed and is still infringing the 380 Patent by making, selling, renting, offering for sale or rent, and/ or using apparatuses and methods embodying the patented invention, and they will continue to do so unless enjoined by this court. 44. Defendant has actual notice of the 380 Patent and has willfully infringed one or more claims of the 380 Patent.

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45. The apparatus and methods covered by the claims of the 380 Patent have no substantial non-infringing uses, and is known by Defendant to be especially made or especially adapted for use in an infringement of one or more claims of the 380 Patent. The patented apparatus is also used for practicing methods covered by one or more claims of the 380 Patent, and Defendant knows that it has no substantial non-infringing uses. 46. Southland is liable for contributory infringement by, inter alia, selling, renting, or otherwise providing the patented apparatus to third parties that infringe one or more claims of the 380 Patent. 47. Southland has aided and abetted acts of infringement by third parties with the specific intent to cause infringement of one or more claims of the 380 Patent. Southlands inducements include renting the patented apparatus to third parties, soliciting third parties to use the patented apparatus and methods, and distributing advertisements inviting third parties to use the patent apparatus and methods. Specifically, Southland knew of the existence of the 380 Patent, it acted with specific intent to induce its customers to infringe one or more claims of the 380 Patent, and its customers actually infringed one or more claims of the 380 Patent. 48. Southland knew of the existence of the 380 Patent, knew its acts directly and indirectly infringed the claims of the 380 Patent, and continued to engage in infringing acts anyway. Southlands acted despite an objectively high likelihood that its actions constituted infringement of the 380 Patent.
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Count IV: Declaratory Judgment 49. The preceding paragraphs are hereby incorporated by reference. 50. In accordance with Federal Rules of Civil Procedure 57 and 28 U.S.C. 2201 and 2202, the Becnels seek a declaratory judgment to declare the right and obligations, if any, between them and Southland regarding: (1) ownership of the 380 Patent and (2) the termination of Southlands license to use the 380 Patent upon the termination of the Becnels employment with Southland. Prayer for Relief 51. WHEREFORE, Plaintiffs, Mark Becnel and Jason Becnel, respectfully pray that after due proceedings are had, there be judgment herein in its favor and against Defendant as follows: 1) the Court award all damages caused by Defendants defamatory allegations; 2) the Court award all damages caused by Defendants unfair trade practices; 3) the Court award all patent royalties due to the Becnels that were collected by Southland; 4) the Court award a preliminary and final injunction against continuing patent infringement; 5) an accounting for damages for patent infringement in an amount not to be less than a reasonable royalty; 6) treble damages for willful patent infringement and a declaration that the case is exceptional;
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7) the Court award Plaintiffs costs and expenses, including attorneys fees; 8) the Court award pre and post-judgment interest; and 9) the Court award all other relief as the Court deems necessary and just.

Respectfully submitted, /s/ Joseph F. Lavigne JOSEPH F. LAVIGNE (LA #28119) CELESTE LABORDE McNULTY (LA #31821) MICAH J. FINCHER (LA #33830) Jones, Walker, Waechter, Poitevent, Carrre & Dengre, L.L.P. 201 St. Charles Avenue 50th Floor New Orleans, Louisiana 70170-5100 Telephone: (504) 582-8000 Facsimile: (504) 582-8015 jlavigne@joneswalker.com claborde@joneswalker.com mfincher@joneswalker.com Counsel For Plaintiffs

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