Enviroglas Products, Inc. v. Enviroglas Products, LLC

MEMORANDUM OPINION AND ORDER

A. JOE FISH, Senior District Judge.

Before the court are the motions of the defendants EnviroGLAS LLC (“EGL”) and Timothy Whaley (“Whaley”) to dismiss this case for lack of subject matter jurisdiction, improper venue, failure to state a claim, and failure to plead with particularity. For the reasons discussed below, Whaley’s motion to dismiss the plaintiffs’ claim for correction of named inventor under 35 U.S.C. § 256 for lack of subject matter jurisdiction is granted. In all other respects, the motions are denied.

I. BACKGROUND

The plaintiff EnviroGLAS Products, Inc.…