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Geophysical Service Incorporated v. Hunt Oil Company
3:15-cv-03045
N.D. Tex.
Sep 27, 2017
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Background

  • Geophysical Service Incorporated (Plaintiff) sued Hunt Oil Company (Defendant) alleging direct copyright infringement, unjust enrichment, trade-secret misappropriation, and Texas Theft Liability Act violations based on Defendant’s use of Plaintiff’s seismic materials.
  • Plaintiff sought injunctive relief, actual damages for copyright infringement, restitution for unjust enrichment, exemplary damages, attorney’s fees, and interest.
  • Hunt moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) and Rule 8(a), arguing Plaintiff’s Amended Complaint failed to state plausible claims; Hunt alternatively sought a stay pending a related appeal in a separate Geophysical Service case.
  • The court evaluated the pleading under Twombly/Iqbal plausibility standards, accepting well-pleaded facts as true but not legal conclusions, and considering applicable public-record materials where appropriate.
  • The Fifth Circuit’s March 10, 2017 decision in Geophysical Serv., Inc. v. TGS‑NOPEC (850 F.3d 785) rejected some arguments similar to Hunt’s and was relevant to the parties’ dispute.
  • The district court denied Hunt’s motion to dismiss, finding the Amended Complaint alleges sufficient facts to raise the right to relief above speculation, and denied Hunt’s motion to stay as moot given the Fifth Circuit decision.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the Amended Complaint states plausible claims under Rule 12(b)(6) Complaint alleges sufficient factual detail to support claims for copyright infringement and related causes of action Complaint is conclusory and fails to plead enough facts to make infringement or other claims plausible Denied — allegations are sufficient to survive dismissal; merits for later stages
Whether the case should be stayed pending appeal in related litigation Opposed stay; case should proceed Stay requested pending Fifth Circuit appeal in related Geophysical Service case Denied as moot — Fifth Circuit issued opinion resolving the related appeal

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a plausible claim for relief)
  • Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions not entitled to presumption of truth in pleadings)
  • Geophysical Serv., Inc. v. TGS‑NOPEC Geophysical Co., 850 F.3d 785 (5th Cir. 2017) (Fifth Circuit reversed dismissal of related copyright claim)
  • Reliable Consultants, Inc. v. Earle, 517 F.3d 738 (5th Cir. 2008) (discussing Twombly standard in Fifth Circuit)
  • Guidry v. American Pub. Life Ins. Co., 512 F.3d 177 (5th Cir. 2007) (pleading standard and plausibility review)
  • Great Plains Trust Co. v. Morgan Stanley Dean Witter, 313 F.3d 305 (5th Cir. 2002) (standard for reviewing 12(b)(6) in Fifth Circuit)
Read the full case

Case Details

Case Name: Geophysical Service Incorporated v. Hunt Oil Company
Court Name: District Court, N.D. Texas
Date Published: Sep 27, 2017
Docket Number: 3:15-cv-03045
Court Abbreviation: N.D. Tex.