Cygnus Telecommunications Technology, LLC v. American International Telephonics, LLC

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND STAYING THE ACTION

[re: docket no. 47]

Defendants American International Telephonies, LLC, (“AIT”) and Michael Framer (collectively, “Defendants”) move to dismiss the complaint filed by Plaintiff Cygnus Telecommunications Technology, LLC (“Cygnus”). The Court has considered the moving and responding papers and the oral arguments presented at the July 28, 2008 hearing. For the reasons discussed below, the motion to dismiss is granted and the action is stayed.

I. BACKGROUND

This is one of several actions Cygnus filed against numerous companies alleged to have infringed Cygnus’s U.S. Patent Nos. 5,833,964 (“the '964 patent”) and 6,035,027 (“the '027 patent”). Cygnus initiated the instant action on June 26, 2006 in the Central District of California as case number 06-CV-00508-DT-SS. By order dated May 18, 2006, the MDL Panel ordered the case transferred to this Court. The clerk of this court received the file from the Central District on June 20, 2006; the case was assigned to this Court as Action No. C-06-03843. On March 30, 2007, 481 F.Supp.2d 1029 , the Court entered an order (“the Order”) in the consolidated case construing the…