SV International, Inc. v. Fu Jian Quanyu Industry Co.

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

Before the court is the motion of Plaintiffs SV International, Inc. (“SV International”) and ECMD, Inc. (“ECMD”) *679(collectively “Plaintiffs”), to dismiss the counterclaims of Defendant Fu Jian Quanyu Industry Company, Ltd. (“Fu Jian”), pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). (Doc. 44.) The motion contends that Fu Jian’s patent infringement counterclaim fails to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) because it is precluded by prior litigation between the parties. It…