Pemberton Patents LLC v. Axis Oilfield Rentals, LLC, 17-6782. (2017)
Court: District Court, E.D. Louisiana
Number: infdco20171208d40
Visitors: 9
Filed: Dec. 07, 2017
Latest Update: Dec. 07, 2017
Summary: ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . IT IS HEREBY ORDERED that Axis Oilfield Rentals, LLC's Motion to Dismiss for Failure to State Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. #9) is DISMISSED as moot. Plaintiffs, Fast Flow, LLC and Pemberton Patents LLC, filed an amended complaint that supersedes the original complaint and addresses the deficiencies in the original complaint that are raised in Axis's motion to dismiss. Further, Axis
Summary: ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . IT IS HEREBY ORDERED that Axis Oilfield Rentals, LLC's Motion to Dismiss for Failure to State Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. #9) is DISMISSED as moot. Plaintiffs, Fast Flow, LLC and Pemberton Patents LLC, filed an amended complaint that supersedes the original complaint and addresses the deficiencies in the original complaint that are raised in Axis's motion to dismiss. Further, Axis'..
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ORDER AND REASONS
MARY ANN VIAL LEMMON, District Judge.
IT IS HEREBY ORDERED that Axis Oilfield Rentals, LLC's Motion to Dismiss for Failure to State Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. #9) is DISMISSED as moot.
Plaintiffs, Fast Flow, LLC and Pemberton Patents LLC, filed an amended complaint that supersedes the original complaint and addresses the deficiencies in the original complaint that are raised in Axis's motion to dismiss. Further, Axis's arguments regrading plaintiffs' inability to show infringement go to the substance of plaintiffs' claims and would require factual determinations regarding the design of the allegedly infringing product that are more appropriately decided at the summary judgment stage.
Source: Leagle
