Lemelson v. Wang Laboratories, Inc.

MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION TO DISMISS RICO COUNTERCLAIM AND DEFENDANT DATA GENERAL’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND TO DISMISS

STEARNS, District Judge.

Lemelson’s Amended Complaint alleges that Wang Laboratories, Inc. (“Wang”), Data General Corporation (“DG”) and Apollo Computer, Inc. (“Apollo”) have infringed four of his many U.S. patents. Defendant DG by way of a RICO counterclaim asserts that Lemelson and his agents have, through acts of mail and wire fraud, unlawfully exploited the U.S. patent system by using it to extort money through threat of legal action.…