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EAST COAST SHEET METAL FABRICATING CORP. v. AUTODESK, INC., 12-cv-517-JL. (2013)

Court: District Court, D. New Hampshire Number: infdco20130530e34 Visitors: 16
Filed: May 29, 2013
Latest Update: May 29, 2013
Summary: ORDER JOSEPH N. LAPLANTE, District Judge. The Plaintiff's motion for leave to file a second amended complaint (doc. no. 21) is GRANTED. The defendant's motion to dismiss the complaint (doc. no. 7) is DENIED as moot, and defendant's motion to dismiss the amended complaint (doc. no. 17) is DENIED. Even before correcting that it is a New York, and not a Massachusetts, corporation, plaintiff had plausibly alleged standing as assignee of the patents-in-suit. Plaintiff has also plausibly alleged
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ORDER

JOSEPH N. LAPLANTE, District Judge.

The Plaintiff's motion for leave to file a second amended complaint (doc. no. 21) is GRANTED. The defendant's motion to dismiss the complaint (doc. no. 7) is DENIED as moot, and defendant's motion to dismiss the amended complaint (doc. no. 17) is DENIED. Even before correcting that it is a New York, and not a Massachusetts, corporation, plaintiff had plausibly alleged standing as assignee of the patents-in-suit. Plaintiff has also plausibly alleged an unjust enrichment claim and pled fraud with particularity.

SO ORDERED.

Source:  Leagle

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