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)

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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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