Legal Opinion

Retractable Technologies, Inc. v. Occupational & Medical Innovations, Ltd.

District Court, E.D. Texas

Decided September 11, 2008No. 6:08CV120Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

LEONARD DAVIS, District Judge.

Before the Court is Defendant’s Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(5) (Docket No. 5). Having considered the parties’ written submissions, the Court DENIES the motion.

BACKGROUND

Retractable Technologies, Inc. (“Retractable”) filed the present action on April 1, 2008 alleging patent infringement and other common law causes of action against Occupational & Medical Innovations, Ltd. (“OMI”). Retractable is a Texas corporation having its principle place of business in Collin County, Texas. OMI is an Australian…

2Cases cited3 opinions

  1. Ronald B. Brockmeyer Eromedia, Ltd. v. David C. May v. Marquis Publications, Ltd.Court of Appeals for the Ninth Circuit · 2004
  2. Alberto Kreimerman v. Casa Veerkamp, S.A. De C.V.Court of Appeals for the Fifth Circuit · 1994
  3. Tow v. Rafizadeh (In Re Cyrus II Partnership)United States Bankruptcy Court, S.D. Texas · 2008

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