Elawyers Elawyers
Ohio| Change

AMERICA'S COLLECTIBLES NETWORK, INC. v. JEWELRY CHANNEL, INC. USA, 3:13-CV-334-PLR-HBG. (2015)

Court: District Court, E.D. Tennessee Number: infdco20150717c93 Visitors: 9
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
More

Memorandum and Opinion

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.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer