Jergens, Inc. v. 5th Axis, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JERGENS, INC., Case No.: 20-CV-2377-CAB-BLM
Plaintiff,
ORDER ON MOTION TO DISMISS
v. 5TH AXIS, INC. et al., [Doc. No. 16] Defendants. 16 17 This matter is before the Court on Defendants’ motion to dismiss Counts VI and VII in the complaint. The motion has been fully briefed, and the Court deems it suitable for submission without oral argument. As discussed below, the motion is granted in part and denied in part. I. Allegations in Complaint Plaintiff Jergens, Inc., is an Ohio corporation that owns U.S. Patent Numbers 8,708,323 and 10,603,750 (the “’323 Patent” and “’750 Patent”, respectively). Both patents concern the design of a class of workholding tools generally referred to as “pallets.” The specifications of the patents are not relevant to the instant motion, which concerns only non-patent claims. 28 In early 2016, Jergens reached out to Defendant 5th Axis, a San…