Hill Phoenix, Inc. v. Systematic Refrigeration, Inc.

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court on the motion to intervene filed by Delaware Capital Formation, Inc. (“DCF”) and the motion to dismiss filed by Systematic Refrigeration, Inc. (“Systematic”). For the reasons given below, 1 DCF’s motion to intervene is GRANTED, and Systematic’s motion to dismiss is DENIED.

I. Factual and Procedural History

Hill Phoenix, Inc., claims to be an exclusive licensee of U.S.Patent No. RE 33,620 (“the ’620 Patent”), entitled Continuously Variable Capacity Refrigeration System. On or about July 21, 1998, Hill Phoenix…