Yoon Ja Kim v. Sara Lee Bakery Group, Inc.

MEMORANDUM OPINION AND ORDER

FILIP, District Judge.

Plaintiff, Yoon Ja Kim, Ph.D. (“Dr. Kim” or “Plaintiff’), brings suit against Sara Lee Bakery Group, Inc. (“Sara Lee” or “Defendant”), alleging patent infringement under 35 U.S.C. § 271. (D.E. 1.) 1 Before the Court is Sara Lee’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (D.E. 12.) For the reasons set forth below, the motion is granted.

FACTUAL AND PROCEDURAL BACKGROUND

I. The First Action

The parties have been engaged in litigation in this judicial district for a considerable period of time; that litigation…