Groove Digital, Inc. v. United Bankshares, Inc., No. 3:2017cv00794 - Document 24 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 07/23/2018. (walk, )

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Groove Digital, Inc. v. United Bankshares, Inc. Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division GROOVE DIGITAL, INC., Plaintiff, V. Civil Action No. 3:17cv794 UNITED BANKSHARES, INC., Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant United Bankshares, Inc.'s ("United Bankshares") Motion to Dismiss. (ECF No. 14.) Plaintiff Groove Digital, Inc. ("Groove") responded, and United Bankshares replied. (ECF Nos. 16,17.) Accordingly, this matter is ripe for disposition. The Court dispenses with oral argumentbecausethe materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. The Court exercises jurisdiction pursuant to 28 U.S.C. §§ 1331^ and 1338.^ For the reasons that follow, the Court will deny the Motion to Dismiss without prejudice and order jurisdictional discovery.^ ^"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. ^"The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents " 28 U.S.C. § 1338(a). Groove alleges one count of patent infringement under 35 U.S.C. § 271(a). ^After briefing onthe Motion to Dismiss completed. Groove filed a Motion for Leave to File Notice of Supplemental Authority (the "Motion for Leave"). (ECF No. 18.) Groove attached an opinion from the United States Court of Appeals for the Federal Circuit, asserting that the opinion "is directly related to the Court's determination of Defendant United Bankshares, Inc.'s Motion to Dismiss." (Mem. Supp. Mot. Leave 1, ECF No. 19.) United Bankshares opposed the Motion for Leave, contending that the proffered supplemental authority Dockets.Justia.com

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