America's Collectibles Network, Inc. v. The Jewelry Channel, Inc. USA (PLR2), No. 3:2013cv00334 - Document 52 (E.D. Tenn. 2015)

Court Description: MEMORANDUM OPINION: The defendant's motion to dismiss [R. 50 ] is Granted. ACN's first amended complaint [R. 18 ] is Dismissed without prejudice. Signed by District Judge Pamela L Reeves on 7/16/15. (JBR)

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America's Collectibles Network, Inc. v. The Jewelry Channel, Inc. USA (PLR2) Doc. 52 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE America’s Collectibles Network, Inc. Plaintiff, v. The Jewelry Channel, Inc. USA d/b/a Liquidation Channel, Defendant. ) ) ) ) ) ) ) ) ) ) No.: 3:13-CV-334-PLR-HBG Memorandum 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. Dockets.Justia.com IT IS SO ORDERED. ____________________________________ UNITED STATES DISTRICT JUDGE 2

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