U.S. Patent No. 4,942,714, is jointly owned by Aztec Concrete Accessories, Inc. and Promotional Containers,...
Case 5:04-cv-00334-JBC Document 6-1 Filed 08/18/2004
United States Patent 4,942,714 Langley, Jr. , et al. July 24, 1990 Rebar and beam bolster, slab and beam bolster upper
patft.uspto.gov
Total Assignments: 8
Patent #: 4942714 assignments.uspto.gov
PROMOTIONAL CONTAINERS, INC.
DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO JOIN AN INDISPENSABLE PARTY UNDER RULE 12(B)(7)
GENERAL TECHNOLOGIES, INC. DEFENDANT
Defendant General Technologies, Inc. moves this Court, pursuant to Fed. R. Civ. P. 12(b)(7), for an Order dismissing the Complaint of Plaintiff Promotional Containers, Inc. for failure to join an indispensable party under Rule 19.
As is more fully set forth in the accompanying Memorandum, the patent in suit, U.S. Patent No. 4,942,714, is jointly owned by Aztec Concrete Accessories, Inc. and Promotional Containers, Inc. Aztec Concrete Accessories, Inc. is an indispensable party to this action who should have been joined as Plaintiff, but was not.
Respectfully submitted,
Date 8-16-04 Harrison & Egbert 412 Main Street, 7" Floor Houston, Texas 77002 Phone: (713) 224-8080 Fax: (713) 223-4873 Attorney Pro Hac Vice For Defendant General Technologies,
Of Counsel: Whitney Wallingford Brian Ritchie Wallingford Law, PSC 3 141 Beaumont Centre Circle, Suite 302 Lexington, ICY 405 13 (859) 219-0066 |