Legal Opinion
Superior Industries, LLC v. Thor Global Enterprises Ltd.
Court of Appeals for the Federal Circuit
Decided November 27, 2012No. 2011-1549PublishedCited by 23 opinions
1Opinion of the Court
Dissenting opinion filed by Circuit Judge MAYER.
RADER, Chief Judge.
The United States District Court for the District of Minnesota dismissed with prejudice a patent infringement complaint filed by Superior Industries, LLC (“Superior”) against Thor Global Enterprises Ltd. (“Thor”) in part based on claim preclusion and in part for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Superior Indus., LLC v. Thor Global Enters. Ltd., No. 10-CV-2524, 2011 WL 3100335, at *3 (D.Minn. *1290July 22, 2011). Because Superior’s prior trademark infringement action did not arise…
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