Advanced Steel Recovery, LLC v. X-Body Equipment, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Advanced Steel Recovery, LLC, No. 2:16-cv-00148-KJM-JDP Plaintiff, ORDER v. X-Body Equipment, Inc. and Jewell Attachments, LLC, Defendants. 17 18 This is a patent case. The patent holder, Advanced Steel Recovery, LLC (ASR), moves to 20 dismiss several counterclaims by the alleged infringers, X-Body Equipment, Inc. and Jewell Attachments LLC. Those counterclaims sound in fraud and must therefore meet the heightened 22 pleading standard of Rule 9(b). They do not. X-Body and Jewell have not described the 23 circumstances of the alleged fraud with particularity, and in several instances, their allegations 24 also fall short of the more lenient standard of Rule 8. The motion is granted without leave to amend. 26 I. BACKGROUND ASR owns three related patents. See First Am. Compl. 16, ECF No. 44. All three 28 describe methods for loading shipping containers with scrap metal or…