Pemberton Patents LLC et al v. Axis Oilfield Rentals, LLC

Filing 14

ORDER AND REASONS that Axis Oilfield Rentals, LLC's 9 Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is DISMISSED as moot. Signed by Judge Mary Ann Vial Lemmon on 12/7/2017. (cms)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FAST FLOW, LLC AND
PEMBERTON PATENTS LLC

CIVIL ACTION

VERSUS

NO: 17-6782

AXIS OILFIELD RENTALS, LLC

SECTION: "S" (3)

ORDER AND REASONS
IT IS HEREBY ORDERED that Axis Oilfield Rentals, LLC's Motion to Dismiss for
Failure to State Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. #9)
is DISMISSED as moot.
Plaintiffs, Fast Flow, LLC and Pemberton Patents LLC, filed an amended complaint that
supersedes the original complaint and addresses the deficiencies in the original complaint that are
raised in Axis's motion to dismiss. Further, Axis's arguments regrading plaintiffs' inability to show
infringement go to the substance of plaintiffs' claims and would require factual determinations
regarding the design of the allegedly infringing product that are more appropriately decided at the
summary judgment stage.

7th
New Orleans, Louisiana, this _____ day of December, 2017.

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE