IMAX CORP. v. In-Three, Inc.

ORDER DENYING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

This matter is before the Court on the Motion to Dismiss for Lack of Subject Matter Jurisdiction (docket no. 45), filed June 7, 2005. The Court, having read and considered the moving, opposition and reply documents submitted in connection with this motion, hereby DENIES the motion for the reasons and in the manner set forth below. The Court deems this matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for July 25, 2005 is removed from the Court’s calendar.

I. Background

This patent infringement action relates to a method for converting two-dimensional films into three-dimensional media. On March 11, 2005, Plaintiffs IMAX Corporation (“IMAX”) and Three-Dimensional Media Group, Ltd. (“3DMG”) brought suit against Defendant In-Three, Inc. (“In-Three”) for allegedly infringing U.S. Patent No. 4,925,294 (“ ’294 Patent”). In this motion, In-Three contends that Plaintiffs lack standing to sue on the ’294 Patent and that the owner of the patent, an indispensable party, has not been joined.

On January 28, 2005, the inventor of the ’294 Patent,…