America's Collectibles Network, Inc. v. The Jewelry Channel, Inc. USA

Filing 52

MEMORANDUM OPINION: The defendant's motion to dismiss [R. 50 ] is Granted. ACN's first amended complaint [R. 18 ] is Dismissed without prejudice. Signed by District Judge Pamela L Reeves on 7/16/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

America’s Collectibles Network, Inc.
Plaintiff,
v.
The Jewelry Channel, Inc. USA
d/b/a Liquidation Channel,
Defendant.

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No.: 3:13-CV-334-PLR-HBG

Memorandum Opinion
This matter comes before the Court on the defendant’s motion to dismiss for lack of
subject-matter jurisdiction. [R. 50]. In a related case, America’s Collectibles Network (“ANC”)
asserted patent infringement claims against the Genuine Gemstone Company based on U.S.
Patent No. 8,370,211 (the “211 Patent”). [America’s Collectibles Network, Inc. v. The Genuine
Gemstone Co., Ltd., Case No. 3:13-cv-335-PLR-HBG].

In that case, this Court dismissed

ACN’s complaint for lack of standing, finding that ACN failed to establish its ownership of the
211 Patent. [Genuine Gemstone Case, R. 109].
In this case, ACN’s complaint is also premised on its ownership of the 211 Patent.
Accordingly, the defendant moves to dismiss this case in its entirety for lack of subject-matter
jurisdiction. In response, ACN agreed to dismiss its case, without prejudice, with right to re-file
should ACN’s ownership to the 211 Patent “be determined in its favor.” [R. 51].
Accordingly, the defendant’s motion to dismiss [R. 50] is Granted.
amended complaint [R. 18] is Dismissed without prejudice.

ACN’s first

IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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