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US Well Services v. Halliburton: Electric Fracturing Patent Dispute | PatSnap
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Case ID6:23-cv-00117
FiledFeb 2023
ClosedOct 2024
Patent Litigation

US Well Services v. Halliburton: Electric Frac Patent Dispute Ends in Dismissal With Prejudice

US Well Services asserted 7 patents covering electric-powered hydraulic fracturing fleets against oilfield services giant Halliburton in the Western District of Texas. After 596 days of litigation, all infringement claims were dismissed with prejudice by joint motion — while Halliburton’s invalidity counterclaims were dismissed without prejudice, leaving the patent estate’s long-term status unresolved.

Resolution time
596days
596 days — above median for W.D. Tex. patent cases, consistent with substantive pre-trial activity
Patents asserted
7
US9745840B2 and 6 further patents asserted — electric hydraulic fracturing pump systems
Outcome
Case Dismissed
All infringement claims dismissed with prejudice; invalidity counterclaims dismissed without prejudice
Cost ruling
Each Party Bears Own Costs
Court ordered each party to bear its own costs, expenses, and attorney fees — no fee-shifting
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Electric frac IP clash ends by joint dismissal — but invalidity questions linger

US Well Services, Inc. and US Well Services, LLC filed suit on February 15, 2023, in the Western District of Texas (Case No. 6:23-cv-00117), asserting seven US patents against Halliburton Co. The patents — including US9745840B2, US9611728B2, US8789601B2, US10408030B2, US9970278B2, US9410410B2, and US10337308B2 — cover electric-powered hydraulic fracturing pump systems, centralised monitoring and control fleets, cold-weather hydraulics packages, and pump-down systems. These technologies sit at the commercial heart of the oilfield services industry’s transition from diesel to electric fracturing.

The case closed on October 3, 2024, via a joint motion to dismiss filed by all parties, including counter-plaintiffs Halliburton Group Technologies, Inc. and Halliburton US Technologies, Inc. The court granted the motion and ordered that all infringement claims be dismissed with prejudice — meaning US Well Services is permanently barred from re-asserting these claims on the same grounds against these defendants. However, Halliburton’s declaratory judgment counterclaims of noninfringement, invalidity, and inequitable conduct were dismissed without prejudice, which means those patent validity questions were not adjudicated on the merits and technically remain open.

At 596 days, the duration suggests meaningful litigation activity — likely including claim construction briefing and early discovery — before the parties reached terms. The joint nature of the dismissal strongly suggests a negotiated resolution, though the public record is silent on financial terms or licensing arrangements. The asymmetric dismissal structure — with prejudice for plaintiff’s claims, without prejudice for defendant’s invalidity counterclaims — is a commercially significant detail that typically signals the plaintiff secured some form of commercial value while the defendant preserved optionality on patent validity.

Case at a glance
Case no.6:23-cv-00117
CourtTexas Western
JudgeN/A
FiledFebruary 15, 2023
ClosedOctober 3, 2024
Duration596 days
OutcomeCase Dismissed
Verdict causeInfringement Action
BasisCase Dismissed
Prior Art Intelligence
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Case data sourced from PACER / Texas Western District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Case Dismissed in 596 days

596 days — above median for W.D. Tex. patent cases, consistent with substantive pre-trial activity

Case timeline: Complaint filed FEB 15 2023, DEC–JAN — 596 days total Horizontal timeline showing the three key events in US WELL SERVICES, INC. v Halliburton, Co. from filing to resolution. Source: PACER, Texas Western District Court. FEB 15 2023 Complaint filed Pre-trial proceedings OCT 3 2024 Case Dismissed 596 DAYS TOTAL
Dismissal terms

Joint dismissal with prejudice: what the asymmetric outcome means for both parties

Legal mechanism

Dismissal with prejudice bars re-litigation of infringement claims

A dismissal with prejudice under Fed. R. Civ. P. 41 operates as a final adjudication on the merits for claim-preclusion purposes. US Well Services cannot refile these specific infringement claims against these Halliburton entities in any federal court. In contrast, the invalidity and inequitable conduct counterclaims were dismissed without prejudice, meaning Halliburton could theoretically raise validity challenges again in a future proceeding, such as an IPR petition at the USPTO.

With prejudice = final bar on refiling
Patent holder outcome

US Well Services exits with patents intact but enforcement path closed against Halliburton

The seven asserted patents remain in force and were not adjudicated as invalid or unenforceable — a meaningful distinction. US Well Services retains the ability to assert these patents against other competitors in the electric fracturing space. The with-prejudice dismissal forecloses only the specific claims against these Halliburton entities. The absence of a fee award against the plaintiff suggests the litigation was not deemed frivolous, which supports the portfolio’s continued commercial credibility.

Patents survive; enforcement survives vs. third parties
Challenger outcome

Halliburton avoids infringement finding but preserves invalidity arguments

Halliburton’s infringement exposure is eliminated — permanently — for these seven patents in this jurisdiction. More strategically, the without-prejudice dismissal of its invalidity counterclaims means Halliburton did not concede validity and retains the option to challenge the patents via IPR or reexamination if US Well Services asserts them against Halliburton entities in future contexts. The each-party-bears-own-costs order suggests neither side extracted a costs victory.

No infringement finding; validity question preserved
Commercial implications

Electric fracturing IP landscape remains contested after this outcome

The electric hydraulic fracturing sector is commercially high-stakes as operators shift away from diesel fleets. The survival of US Well Services’ seven-patent portfolio — unscathed on validity — means competing e-frac operators and new market entrants face ongoing FTO risk. The joint dismissal structure suggests the parties likely reached a commercial arrangement, but the asymmetric dismissal terms mean the patent portfolio remains a live enforcement tool against any operator deploying similar electric pump-down or fleet-monitoring architectures.

E-frac competitors face live FTO exposure
Legal analysis based on PACER docket records for case 6:23-cv-00117 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffUS WELL SERVICES, INC.CompanyElectric oilfield services company — holder of US9745840B2 and 6 further fracturing patentsSearch in Eureka ↗
Co-PlaintiffU.S. Well Services, LLCCompanySearch in Eureka ↗
DefendantHalliburton, Co.CompanyHalliburton Co. — global oilfield services provider and competing electric fracturing operatorSearch in Eureka ↗
Plaintiff counselAbelino ReynaAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselAustin SaathoffAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselBarden Todd PattersonAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselBrooke C. WilsonAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselE. Danielle T. WilliamsAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselEdgar Neil GonzalezAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselJackson Craig SmithAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselJervonne D. NewsomeAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselJohn Allen YatesAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselKyrie Kimber CameronAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselRex A. MannAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselRichard T. McCartyAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselSteven Ray LaxtonAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff counselThomas M. MelsheimerAttorneyCounsel for US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff law firmPatterson & Sheridan, LLPLaw FirmRepresenting US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff law firmWinston Strawn LLPLaw FirmRepresenting US WELL SERVICES, INC.Search in Eureka ↗
Plaintiff law firmWinston & Strawn/DallasLaw FirmRepresenting US WELL SERVICES, INC.Search in Eureka ↗
Defendant counselBrandon ChenAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselChristian Taylor TatumAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselDavid Joshua TobinAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselDavid M. GenenderAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselGregory Phillip LoveAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselJennifer CarterAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselJordan A. KazlowAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselKirstie WallaceAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselMark D. SiegmundAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselMichael HawesAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselRoger J. FulghumAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselSusan Cannon KennedyAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant counselSyed K. FareedAttorneyCounsel for Halliburton, Co.Search in Eureka ↗
Defendant law firmBaker Botts LLPLaw FirmRepresenting Halliburton, Co.Search in Eureka ↗
Defendant law firmCherry Johnson Siegmund James PLLCLaw FirmRepresenting Halliburton, Co.Search in Eureka ↗
Defendant law firmMcDermott Will & Emery LLPLaw FirmRepresenting Halliburton, Co.Search in Eureka ↗
Defendant law firmSteckler Wayne Cherry & Love PLLCLaw FirmRepresenting Halliburton, Co.Search in Eureka ↗
Presiding judgeJudge N/AJudgeTexas Western District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Before the Court is Plaintiffs U.S. Well Services, Inc. and U.S. Well Services, LLC, Defendant Halliburton Energy Services, Inc.,1 and Counter-Plaintiffs Halliburton Group Technologies, Inc. and Halliburton US Technologies, Inc.’s Joint Motion to Dismiss. ECF No. 103. Having considered the motion, the Court finds that it should be GRANTED. It is hereby ORDERED that all claims in this action for patent infringement are DISMISSED WITH PREJUDICE; that all declaratory judgment claims of noninfringement, invalidity, or inequitable conduct are DISMISSED WITHOUT PREJUDICE; and that each party shall bear its own costs, expenses, and fees.”
Source: PACER Docket, Case 6:23-cv-00117, Texas Western District Court

The court’s order distinguishes carefully between infringement claims and validity counterclaims in its dismissal structure. Granting the joint motion with prejudice on infringement claims forecloses any future refiling of those specific claims by US Well Services against these Halliburton entities — a permanent bar with res judicata effect. The without-prejudice dismissal of invalidity and inequitable conduct counterclaims is equally deliberate: it preserves Halliburton’s legal options without constituting any concession on patent validity. The each-party-bears-own-costs order is consistent with a consensual resolution and suggests the court was not asked to make any exceptional-case finding under 35 U.S.C. § 285.

PACER case 6:23-cv-00117 · Public docket record Explore in Eureka ↗
Patent at issue

US9745840B2 — Electric-powered hydraulic fracturing fleet systems

Publication No.US9745840B2
Application No.US15/291842
Patent details
ProductElectric-powered hydraulic fracturing pump systems
Cited in actionFebruary 15, 2023

Publication No.US9611728B2
Application No.US15/145440
Patent details
ProductElectric powered pump-down systems for oilfield operations
Cited in actionFebruary 15, 2023

Publication No.US8789601B2
Application No.US14/190982
Patent details
ProductCold weather package systems for oilfield hydraulics
Cited in actionFebruary 15, 2023

Publication No.US10408030B2
Application No.US15/653028
Patent details
ProductCentralised monitoring and control for electric hydraulic fracturing fleets
Cited in actionFebruary 15, 2023

Publication No.US9970278B2
Application No.US14/884363
Patent details
ProductElectric fracturing fleet power and pump control systems
Cited in actionFebruary 15, 2023

Publication No.US9410410B2
Application No.US13/679689
Patent details
ProductHydraulic fracturing pump systems with electric drive architecture
Cited in actionFebruary 15, 2023

Publication No.US10337308B2
Application No.US15/202085
Patent details
ProductElectric pump systems for hydraulic fracturing fluid delivery
Cited in actionFebruary 15, 2023

The seven asserted patents span application dates from 2012 (US8789601B2, App. No. 14/190,982) through 2017 (US9745840B2, App. No. 15/291,842) and collectively cover a broad architecture for electric-powered hydraulic fracturing operations. The portfolio addresses electric pump-down systems, cold-weather hydraulics packages, and centralised monitoring and control infrastructure for e-frac fleets — representing a vertically integrated IP position across the electric fracturing value chain. All seven are US granted patents with B2 designation, confirming post-grant examination.

Strategically, this portfolio positions US Well Services — or any successor or licensee — as a gatekeeper in the commercial deployment of electric fracturing technology. As the oilfield services industry accelerates its transition from diesel-powered to electric fracturing fleets for emissions and efficiency reasons, patents covering the pump architecture, fleet-level control systems, and environmental operability (cold-weather packages) command increasing commercial relevance. Competitors including pressure pumping operators and oilfield equipment manufacturers deploying similar e-frac architectures face meaningful infringement risk if they have not conducted FTO analysis against this portfolio.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should your e-frac program run FTO analysis against US Well Services’ patent portfolio?

Any oilfield services company, equipment OEM, or E&P operator deploying electric-powered hydraulic fracturing systems — particularly those involving centralised fleet monitoring, electric pump-down, or cold-weather operational packages — should treat this portfolio as a live FTO priority. The seven patents span both system-level architectures and specific operational configurations. This case’s outcome did not invalidate any claim, meaning the portfolio exits the litigation commercially intact and enforceable against third parties.

PatSnap Eureka’s FTO Search Agent enables R&D and IP teams to map product features against the claim scope of all seven US Well Services patents simultaneously, identifying freedom-to-operate gaps and design-around opportunities before commercial deployment. Eureka can also monitor PTAB proceedings against this portfolio — including any IPR petitions Halliburton or others may file — providing early warning of validity challenges that could affect licensing strategy or enforcement risk calculations.

PatSnap Eureka FTO Search

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Related litigation

Similar electric fracturing and oilfield services patent cases in W.D. Texas

Cases involving electric-powered hydraulic fracturing and oilfield services patents filed in the Western District of Texas, including related e-frac IP enforcement actions.

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Strategic implications

What this case signals for the electric fracturing IP landscape

Seven patents covering electric frac technology survived this dispute intact. Competitors and new market entrants in e-frac should take note.

The with-prejudice dismissal structure is commercially significant — not a clean sweep

A joint motion with asymmetric prejudice terms — infringement claims with prejudice, invalidity counterclaims without — is a classic signature of a negotiated exit. US Well Services likely extracted licensing value or a commercial arrangement. Companies interpreting this outcome as a patent weakness signal may be misreading the record.

Seven unvalidated patents remain enforceable against the broader e-frac market

No claim in this case was adjudicated invalid or unenforceable. Any operator deploying electric-powered fracturing pump systems, centralised fleet monitoring, or pump-down architectures should conduct FTO analysis against this portfolio before scaling commercial deployment. The patents span application dates from 2012 to 2017, suggesting remaining term.

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Frequently asked questions

US v Halliburton — key questions answered

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Run FTO analysis on the electric fracturing patent portfolio before your next deployment

The US Well Services portfolio of seven e-frac patents exited this litigation fully intact. PatSnap Eureka enables your IP and R&D teams to run claim-level FTO analysis, monitor PTAB proceedings, and track new enforcement actions across the electric hydraulic fracturing IP landscape.

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