Unicorn Global, Inc. v. Hillo America, Inc.

I. Introduction

Unicorn Global, Inc., Hangzhou Chic Intelligent Technology Co., Ltd., and Shenzhen Uni-Sun Electronic Co., Ltd. (“Plaintiffs”) brought this action against Hillo America, Inc. (“Defendant” or “HAI”) claiming infringement of two United States utility patents and two United States design patents. Complaint, Dkt. 1 ¶ 2.

HAI has moved to dismiss the claims on three grounds: the failure to join a necessary party as required by Fed. R. Civ. P. 19; Plaintiffs do not have standing; and there is no federal subject matter jurisdiction over the claims. See “Motion,” Dkt. 63. In the alternative it seeks to have the action “remanded” to the Superior Court, although the action was not filed there. Id. Plaintiffs filed an opposition to the Motion. Dkt. 67. HAI filed a reply.1 Dkt. 75.

This matter is one that is deemed suitable for a decision without a hearing pursuant to L.R. 7-15 and the Chief Judge's Order 20-05. See Dkt. 77. For the reasons stated in this Order, the Motion is

DENIED.

II. Background

The Complaint alleges that Hangzhou Chic Intelligent Technology Co., Ltd. (“Chic” or “Hangzhou Chic”) is “the owner by assignment of all rights, title, and interest in…