Laube

ORDER Re: Defendant FURminator, Inc.’s Motion to Dismiss [13]

On January 25, 2011, Defendant FURminator Inc.’s Motion to Dismiss [13] came on for regular calendar before this Court. The Court, having reviewed all papers submitted pertaining to this Motion and having considered all arguments presented to the Court, NOW FINDS AND RULES AS FOLLOWS:

The Court hereby GRANTS Defendant’s Motion to Dismiss as to the single cause of action for Declaratory Relief for Correction of Inventorship and Assignment of Patent Rights. The Court finds that Plaintiff has failed to state a claim upon which relief may be granted as to the single cause of action for Declaratory Relief for Correction of Inventorship and Assignment of Patent Rights. Plaintiff has alleged insufficient facts with regard to his allegation that he invented the five FURminator patents: 6,782,846 (the '846 Patent), 7,077,076 (the '076 Patent), 7,222,588 (the '588 Patent), 7,334,540 (the '540 Patent), and 7,509,926 (the '926 Patent) (hereinafter and collectively the “Patents”).

Furthermore, the Court finds that granting leave to amend would be futile because this Action is duplicative of the 2009 California Lawsuit also before…