Enserion, LLC v. Orthofix, Inc., No. 4:20-cv-00108 (E.D. Tex. Sept. 16, 2020)

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.

Pending before the Court is Defendant Orthofix’s Motion to Dismiss Under Rule 12(b)(6) (Dkt. #11). Having considered the motion and the relevant pleadings, the Court finds that it should be DENIED. BACKGROUND On February 13, 2020, Plaintiff Enserion sued Defendant Orthofix for patent infringement (Dkt. #1). On June 22, 2020, Defendant filed its Motion to Dismiss (Dkt. #11). On July 14, 2020, Plaintiff responded (Dkt. #20). On July 27, 2020, Defendant replied (Dkt. #23). On August 3, 2020, Plaintiff filed its Sur-Reply (Dkt. #24).