K-LATH

K-Lath, Division of Tree Island Wire (USA), Inc. v. Davis Wire Corp.

Good Law

15 F. Supp. 2d 952·98 Daily Journal DAR 11889·1998 WL 480787·49 U.S.P.Q. 2d (BNA) 1161·1998 U.S. Dist. LEXIS 12706

United States District Court, Central District of CaliforniaAugust 10, 1998CV 98-4285 (JGx)California7,010 words

Opinion

Collins, J.

ORDER RE: DEFENDANTS’ MOTION TO DISMISS

Defendants’ motion to dismiss came on régularly for hearing before this Court on August 10, 1998. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Defendants’ motion is GRANTED.

I. Background

A. Procedural Background

On May 29, 1998, Plaintiff, K-LATH, DIVISION OF TREE ISLAND WIRE (USA), INC. (“K-Lath”) filed a complaint against Defendants DAVIS WIRE CORPORATION, also and/or formerly known as DAVIS WALKER CORPORATION and DELAWARE DAVIS WIRE CORPORATION (“Davis”), and JAENSON WIRE COMPANY also and/or formerly known as JAEN-SON SHEPARD WIRE COMPANY, INC. (“Jaenson”) (collectively, “Defendants”), alleging causes of action for (1) declaratory judgment of patent invalidity and non-infringement; (2) violation of section 2 of the Sherman Act, 15 U.S.C. § 2 ; (3) interference with existing and prospective advantage; and (4) unfair competition, Cal.Bus. & Prof.Code § 17200, et seq. On July 13, 1998, Defendants filed the instant motion to dismiss Plaintiffs first cause of action for declaratory judgment pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) and to…

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