Brumate, Inc. v. Walmart Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 22-cv-0354-WJM-SP BRUMATE, INC., Plaintiff and Counterclaim Defendant, v. WALMART INC., Defendant and Counterclaim Plaintiff. ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S FIRST AND SECOND COUNTERCLAIMS FOR FAILURE TO STATE A CLAIM Plaintiff Brumate, Inc. sues Defendant Walmart Inc. alleging infringement of its patented gasket, which is designed to keep cans within its insulated beverage containers even when held upside down. (ECF No. 25.) Defendant asserts counterclaims…