Filed: Jul. 16, 2015
Latest Update: Jul. 16, 2015
Summary: Memorandum and Opinion PAMELA L. REEVES , District Judge . This matter comes before the Court on the defendant's motion to dismiss for lack of subject-matter jurisdiction. [R. 50]. In a related case, America's Collectibles Network ("ANC") asserted patent infringement claims against the Genuine Gemstone Company based on U.S. Patent No. 8,370,211 (the "211 Patent"). [ America's Collectibles Network, Inc. v. The Genuine Gemstone Co., Ltd., Case No. 3:13-cv-335-PLR-HBG]. In that case, this Co
Summary: Memorandum and Opinion PAMELA L. REEVES , District Judge . This matter comes before the Court on the defendant's motion to dismiss for lack of subject-matter jurisdiction. [R. 50]. In a related case, America's Collectibles Network ("ANC") asserted patent infringement claims against the Genuine Gemstone Company based on U.S. Patent No. 8,370,211 (the "211 Patent"). [ America's Collectibles Network, Inc. v. The Genuine Gemstone Co., Ltd., Case No. 3:13-cv-335-PLR-HBG]. In that case, this Cou..
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Memorandum and Opinion
PAMELA L. REEVES, District Judge.
This matter comes before the Court on the defendant's motion to dismiss for lack of subject-matter jurisdiction. [R. 50]. In a related case, America's Collectibles Network ("ANC") asserted patent infringement claims against the Genuine Gemstone Company based on U.S. Patent No. 8,370,211 (the "211 Patent"). [America's Collectibles Network, Inc. v. The Genuine Gemstone Co., Ltd., Case No. 3:13-cv-335-PLR-HBG]. In that case, this Court dismissed ACN's complaint for lack of standing, finding that ACN failed to establish its ownership of the 211 Patent. [Genuine Gemstone Case, R. 109].
In this case, ACN's complaint is also premised on its ownership of the 211 Patent. Accordingly, the defendant moves to dismiss this case in its entirety for lack of subject-matter jurisdiction. In response, ACN agreed to dismiss its case, without prejudice, with right to re-file should ACN's ownership to the 211 Patent "be determined in its favor." [R. 51].
Accordingly, the defendant's motion to dismiss [R. 50] is Granted. ACN's first amended complaint [R. 18] is Dismissed without prejudice.
IT IS SO ORDERED.
