Single Chip Systems Corp. v. Intermec IP Corp.

Good Law

495 F. Supp. 2d 1052·2007 WL 1970887·2007 U.S. Dist. LEXIS 50708

United States District Court, Southern District of CaliforniaMay 21, 200704CV1517JAHCAB, 07CV0256JAHCABCalifornia6,428 words

Opinion

Houston, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS; DENYING DEFENDANT’S MOTION TO STAY AND DENYING PLAINTIFFS’ MOTION TO CONSOLIDATE

INTRODUCTION

Now pending before this Court are Counter-claimants and Plaintiffs Trans-Core LP and TransCore Holdings, Inc., (collectively “TransCore”) motion to consolidate, filed in case numbers 04CV1517 and 07CV0256, and Defendant Neology, Inc. (“Neology”) motions to dismiss, or in the alternative to stay, in case number 07CV0256. Oral argument was heard on April 26, 2007, with appearances by William J. Robinson for TransCore, and Howard Wisnia and Cindy Freeland for Neolo-gy, Inc., This Court, after hearing the oral argument of counsel, took the matter under submission. Now, after a careful consideration of the pleadings, relevant exhibits, the oral argument of counsel at the hearing, and for the reasons set forth below, this Court GRANTS Neology’s motion to dismiss, DENIES Neology’s motion to stay and DENIES TransCore’s motion to consolidate.

BACKGROUND

I. Factual Background — U.S. Patent No. 5,030,807

These cases concern the alleged infringement of U.S. Patent Number 5,030,-807 (“the ’807 Patent”), entitled “System for Reading and Writing Data…

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