US Foam, Inc. et al v. ON Site Gas Systems, Inc., No. 2:07-cv-00466 (E.D. Tex. Aug. 21, 2009)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is US Foam, Inc., U SF Equipment and Services, Ltd., and Alden Ozment’s (collectively “Defendants’”) Motion to Dismiss certain claims and counterclaims of On Site Gas System, Inc. (“On Site”) under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(7). ( See Docket No. 55.) For the following reasons, the Court DENIES the motion 2 without prejudice, but in the event that On S ite does not add patent owner Hatsuta Seisakusho Co., Ltd.