Tompkins v. Target Corporation, et al, No. 6:11-cv-00082 (E.D. Tex. Sept. 9, 2011)

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 Corpor ation’s (Target) and 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. 148). The Cour t, having fully considered the parties’ arguments, the undisputed facts, and the applicable law, hereby GRANTS Defendants’ motion to dismiss (Doc. No. 148). I. Background Relator Sarah Tompkins (Tompkins) brings th is qui tam action in her individua l capacity for alleged violations under 35 U.S.C. § 292 for false patent advertising.