Fire King International LLC v. Tidel Engineering LP, No. 4:09-cv-00148 (E.D. Tex. Nov. 16, 2007)

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.

Defendant Tidel Engineering, L.P. ("New Tidel") has filed a motion to dismiss plaintiffs claim for infringement of U.S. Patent No. 7,063,252 ("the '252 Patent") because it is a compulsory counterclaim in a declaratory judgment action between the same parties that was pending in the Marshall Division of the Eastern District of Texas at the time the instant case was filed. Tidel Engineering, L. P., et al. v. Fire Kinglnternational, Inc., No. 2:07-CV-77 ("the Marshall Litigation").