Colt Int'l Clothing Inc. v. Quasar Sci., LLC
Opinion
Lead Opinion
Birotte, J.
On March 9, 2018, Defendant Dadco, LLC ("Dadco") filed a Motion to Dismiss Plaintiff's First Amended Complaint ("FAC," Dkt. No. 23). Dkt. No. 29. Plaintiff Colt International Clothing Inc. ("Plaintiff") filed an opposition and Dadco filed a reply. Dkt. Nos. 32, 34. The Court deems this matter appropriate for decision without oral argument and vacates the hearing scheduled for April 6, 2018. See Fed. R. Civ. P. 78 ; LR 7-15. For the following reasons, the Court DENIES the Motion.
I. BACKGROUND
A. Plaintiff's Complaint
The FAC alleges as follows:
Plaintiff's president, Guillermo Macias ("Macias"), developed an elongated, two-color light bulb ("bicolor tube"), FAC, ¶ 16. The bicolor tube can produce two different types of white light, making it useful in the photography and film industries. FAC, ¶ 17. Macias filed a provisional patent application (the "Provisional Application") for the bicolor tube innovation on May 17, 2012. FAC, ¶ 18. Plaintiff then filed a non-provisional patent application and ultimately obtained a patent titled "Tube Light with Improved LED Array,"
*892 United States Patent No. 9,719,642 (the "'642 patent"). Id. Plaintiff also obtained a continuation…