Signalife, Inc. v. Rubbermaid, Inc.

TYSON, Judge.

Signalife, Inc. (“plaintiff”) appeals order entered granting Rubbermaid, Inc., Newell Rubbermaid, Inc., Gary Scott, and David Hicks’s (collectively, “defendants”) motion to dismiss plaintiff’s amended complaint filed in Mecklenburg County Superior Court based upon a “prior action pending” in the United States District Court for the Western District of North Carolina. We affirm.

I. Background

Plaintiff is a medical device company which developed a FDA approved electrocardiograph monitoring device called the “Fidelity 100.” In 2004, Newell Rubbermaid, Inc. entered into negotiations…