O'Hagins, Inc. v. M5 Steel Mfg., Inc.

Good Law

276 F. Supp. 2d 1020·2003 WL 21921278·2003 U.S. Dist. LEXIS 19345

United States District Court, Northern District of CaliforniaJuly 24, 2003C 02-4532 SBACalifornia2,845 words

Opinion

Armstrong, J.

ORDER GRANTING O’HAGINS, INC.’S MOTION TO DISMISS DEFENDANT’S FOURTH, FIFTH, SIXTH, AND SEVENTH COUNTERCLAIMS FOR LACK OF SUBJECT MATTER JURISDICTION

Plaintiff O’Hagins, Inc. (“O’Hagins”) brings this action against defendant M5 Steel Manufacturing, Inc. (“M5”) alleging a single claim for infringement of U.S. Patent No. 6,447,390 (the “ ’390 patent”), of which O’Hagins is the exclusive licensee. M5 has filed counterclaims against O’Hag-ins, Harry O’Hagin, and Carolina O’Hagin. M5’s Fourth, Fifth, Sixth, and Seventh Counterclaims seek declaratory relief of non-infringement of four patents other than the ’390 patent.

Now before the Court is O’Hagins, Inc.’s Motion to Dismiss Defendant’s Fourth, Fifth, Sixth, and Seventh Counterclaims for Lack of Subject Matter Jurisdiction (the “Motion to Dismiss”). Having read and considered the papers submitted and being fully informed, the Court GRANTS the Motion to Dismiss and DISMISSES M5’s Fourth, Fifth, Sixth, and Seventh Counterclaims WITHOUT LEAVE TO AMEND and WITHOUT PREJUDICE.

BACKGROUND

O’Hagins designs, develops, manufactures, and markets high-quality, innovative roof the vent products. On September 10, 2002, the United States Patent…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.