Oakley, Inc. v. JOFA AB
Opinion
Opinion
Carter, J.
PROCEEDING (IN CHAMBERS): DENYING DEFENDANT’S MOTION TO DISMISS
Before the Court is Defendant The Hockey Company, a Delaware Corporation’s (The Hockey Company) motion to dismiss Plaintiff’s first amended complaint. The Court finds that the matter is appropriate for decision without oral argument. Fed.R.CivJP. 78; Local Rule 7-15. Accordingly, the hearing set for October 6, 2003 is removed from the Court’s calendar. After reviewing the moving, opposing and replying papers, and for the reasons set forth below, the Court DENIES the motion.
I. BACKGROUND
Plaintiff Oakley, Inc. is a designer, manufacturer, and seller of high performance eyewear and other products. Oakley is the current owner of U.S. Patent Nos. 6,010,217, and 5,815,848. Oakley is incorporated in Washington and has its principal place of business in Foothill Ranch, California. On July 29, 2003, Oakley filed this patent infringement action against three defendants: JOFA AB, The Hockey Company, and The Hockey Company, Inc. On August 13, 2003, Oakley filed a first amended complaint adding Defendants The Hockey Company Holdings, Inc., Mas-ka U.S., Inc., Sport Maska, Inc., and Hockey West, Inc.