Proxtronics Dosimetry, LLC v. United States

Bid Protest; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Lanham Act; Federal Question; Diversity; Intellectual Property; Standing; Waiver; Mootness; Jurisdictional Discovery

OPINION AND ORDER

SWEENEY, Judge

Before the court are defendant’s motion to dismiss plaintiffs third amended complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”) and plaintiffs motion to conduct jurisdictional discovery. In the underlying bid protest, plaintiff Proxtronics Do-simetry, LLC (“Proxtronics”) challenges two separate contract awards by the United…