Kewlmetal Incorporated et al v. Bike Builders Bible Incorporated
| Kewlmetal Incorporated and Joseph B Gschweng |
| Bike Builders Bible Incorporated |
| 2:2015cv01008 |
| June 3, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| John W Sedwick |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing
32
ORDER re 17 Motion to Dismiss; 17 Motion to Change Venue. BBB's motion is DENIED without prejudice. The court desires to resolve promptly and finally the fact question whether there is an established distribution channel into Arizona for the allegedly infringing products. Accordingly, BBB's motion is denied without prejudice to its refiling within 90 days, after the parties conduct discovery. If BBB refiles its motion, either party may request an evidentiary hearing and the c ourt will determine whether such a hearing is necessary. BBB will not be required to file an answer until 90 days from the date of this order or, if applicable, after the court resolves its renewed motion to dismiss, whichever date is later. Signed by Judge John W Sedwick on 12/15/15.(JWS)
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