Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Tompkins v. Century LLC, et al, No. 6:11-cv-00079 (E.D. Tex. Sept. 9, 2011)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Tyler Division
Case No.
No. 6:11-cv-00079, Dkt. No. 164
Decided
September 9, 2011
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER. The Court is unconvinced that allowing the plaintiff another opportunity to amend her pleadings will cure her complaint's deficiencies. Accordingly, the plaintiff's false marking claim must be dismissed with pr…
Length
7 pages

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 Target Corporation’s (Target) Motion to Dismiss Plaintiff’s Third Amended Complaint Pursuant to Rules 12(b)(6) and 9(b) (Doc. No. 151), Defendants Century LLC and Century Martial Ar t Supply, LLC’s (collectively Century) Motion to Dismiss Plaintiff’s Third Amended Complaint Under Fed. R. Civ. P. 12( b)(6) for Failure to Plead Fraud With Particularity Pursuant to Fed. R. Civ. P. 9(b) (Doc. No. 152), Century’s Motion to Dismiss Plaintiff’s Complaint Unde r Fed. R. Civ. P.