Pemberton Patents LLC et al v. Axis Oilfield Rentals, LLC, No. 2:2017cv06782 - Document 14 (E.D. La. 2017)
Court Description: ORDER AND REASONS that Axis Oilfield Rentals, LLC's 9 Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is DISMISSED as moot. Signed by Judge Mary Ann Vial Lemmon on 12/7/2017. (cms)
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Pemberton Patents LLC et al v. Axis Oilfield Rentals, LLC Doc. 14 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA FAST FLOW, LLC AND PEMBERTON PATENTS LLC CIVIL ACTION VERSUS NO: 17-6782 AXIS OILFIELD RENTALS, LLC SECTION: "S" (3) ORDER AND REASONS 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. 7th New Orleans, Louisiana, this _____ day of December, 2017. ____________________________________ MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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