Viveve, Inc. v. ThermiGen LLC et al, No. 2:16-cv-01189 (E.D. Tex. Apr. 20, 2017)

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 Defendant Red Alinsod, M.D.’s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1), 12(b)(2), and 35 U.S.C. § 287(c). (Dkt. No. 14.) On February 22, 2017, the Court held a hearing at which the parties presented oral argument on said motion. After considering the briefing and argument of the parties, and for the reasons set forth below, the Court finds that Defendants’ motion should be and is DENIED. I. BACKGROUND On October 21, 2016, Plaintiff Viveve, Inc.