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

E.D. Tex.

Tompkins v. Mag Instrument Inc, et al, No. 6:11-cv-00080 (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-00080, Dkt. No. 168
Decided
September 9, 2011
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER. Given the dismissal of the plaintiff's false advertising claim, the Court finds there is no remaining justiciable controversy between the parties. With no remaining controversy, the plaintiff's request for decl…
Length
8 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 Mag Inst rument Inc.’s (Mag) Motion to Dismiss Tompkins’ Third Amended Complaint Under Fed. R. Civ. P. 8, 9(b), 12(b)(1), and 12(b)(6) and Memorandum in Support (Doc. N o. 157), Defendant Wal-Mart Stores, Inc.’s (Wal-Mart) Motion to Dismiss Plaintiff’s Third Amended Complaint Pursuant to Rules 12(b)(6) and 9(b) (Doc. No. 156), and Mag’s Renewed Motion to Tr ansfer Pursuant to 28 U.S.C. § 1404(a) and Brief in Support (Doc. No. 144).