Dal-Bac (Pty.), Ltd. v. Firma Astorwerk Otto Berning & Co.

WYATT, District Judge.

This is a motion by defendants (styled a “cross motion”) to dismiss the action as to defendant Approved Accessories, Inc. because “it is not a patentee nor a licensee of the patent in suit.” (moving memorandum, page 1).

There is no affidavit in support of the motion, which would suggest that the motion is on the face of the complaint. On the other hand, there is a reference in the moving memorandum to “Defendants’ Exhibits 1 and 2” which seems to be a reference to papers submitted on another motion.

Although it is not clear from the moving papers, this motion is presumably…