Herman v. William Brooks Shoe Co.

MEMORANDUM ORDER

LEISURE, District Judge:

This is an action by Jack Herman (“Herman”) for patent infringement. Several defendants (“moving defendants”)1 have moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), alleging that Herman, who currently has no proprietary interest in the patent, lacks standing; and pursuant to Fed.R.Civ.P. 12(b)(7), alleging that Jack Herman Dri-Sox, Inc. (“Dri-Sox”), a corporation to which Herman assigned his interest in the patent, is an indispensable party without which this action cannot go forward. For the reasons stated below, moving defendants’ motion to dismiss…