East Coast Sheet Metal Fabricating Corp. v. Autodesk, Inc.
Filing
25
ORDER granting 21 Motion for Leave to File Second Amended Complaint. (Miscellaneous deadline set for 5/31/2013); denying as moot 7 Motion to Dismiss the Complaint; denying 17 Motion to Dismiss the Amended Complaint. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Joseph N. Laplante.(jb)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
East Coast Sheet Metal
Fabricating Corp.
v.
Civil No. 12-cv-517-JL
Autodesk, Inc.
O R D E R
The Plaintiff's motion for leave to file a second amended
complaint (doc. no. 21) is GRANTED.
The defendant's motion to
dismiss the complaint (doc. no. 7) is DENIED as moot, and
defendant’s motion to dismiss the amended complaint (doc. no. 17)
is DENIED.
Even before correcting that it is a New York, and not
a Massachusetts, corporation, plaintiff had plausibly alleged
standing as assignee of the patents-in-suit.
Plaintiff has also
plausibly alleged an unjust enrichment claim and pled fraud with
particularity.
SO ORDERED.
Joseph N. Laplante
United States District Judge
Dated:
cc:
May 29, 2013
George C. Summerfield, Esq.
Rolf O. Stadheim, Esq.
Steven R. Pedersen, Esq.
Kenneth C. Bartholomew, Esq.
Michael S. Lewis, Esq.
Thomas Tracy Aquilla, Esq.
Damien R. Laplaca, Esq.
Richard C. Nelson, Esq.
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