Hebert

Hebert v. Allied Rubber & Gasket Co., Inc.

Good Law
United States District Court, Southern District of CaliforniaApril 27, 20213:20-cv-01350California1,351 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LELAND J. HEBERT, Case No.: 20cv1350 DMS (MDD)

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION FOR LEAVE TO AMEND ALLIED RUBBER & GASKET CO.,

INC.,

15 Defendant. 16 17 18 19 This case comes before the Court on Plaintiff’s motion for leave to file a First Amended Complaint. Specifically, Plaintiff seeks leave to specify which of Defendant’s products are infringing his patent, and to add claims for false marking and unfair competition. Defendant filed an opposition to the motion, and Plaintiff filed a reply. For the reasons discussed below, the motion is granted. I. BACKGROUND Plaintiff Leland Hebert is the inventor and exclusive owner of United States Patent No. 8,850,931 (“the ‘931 Patent”), entitled “Offset Wrench with Adjustable Head.” (Compl., Ex. 1.) Plaintiff alleges that, for a time, Defendant Allied Rubber & Gasket 2 …

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