Welding Services, Inc. v. Welding Technologies, Inc.

Justia Dockets & Filings Eleventh Circuit Georgia Northern District Welding Services, Inc. v. Welding Technologies, Inc.

Welding Services, Inc. v. Welding Technologies, Inc.

Plaintiff:	Welding Services, Inc.
Defendant:	Welding Technologies, Inc.
Case Number:	2:2008cv00017
Filed:	January 29, 2008
Court:	US District Court for the Northern District of Georgia
Office:	Gainesville Office
County:	Hall
Presiding Judge:	Story
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 145 Patent Infringement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 27, 2008	Filing 52 ORDER denying as moot Defendant's 39 Motion for Summary Judgment; granting Plaintiff's 50 Motion to Dismiss. In its Response to Plaintiffs Motion to Dismiss 51 Defendant requested that the Court leave open the issue of attorneys fees and sanctions. However, the Court finds that attorneys fees and sanctions are not appropriate in this case. The Court finds that the testing ordered by the Court could have been accomplished by the parties by agreement had there been better cooperat ion before this suit was ever filed. Further, at Defendants behest, the Court established a procedure to allow the parties to resolve this dispute without unnecessary, additional litigation. Yet, Defendant chose to file a Motion for Summary Judgment before the limited discovery could be completed. The Court is not inclined to compensate Defendant for these actions. Therefore, the Court concludes that neither party is entitled to attorney's fees. Plaintiff's action is hereby DISMISSED, with prejudice, with costs assessed against Plaintiff. Signed by Judge Richard W. Story on 10/27/08. (sk)

Date Filed

Document Text

October 27, 2008

Filing 52 ORDER denying as moot Defendant's 39 Motion for Summary Judgment; granting Plaintiff's 50 Motion to Dismiss. In its Response to Plaintiffs Motion to Dismiss 51 Defendant requested that the Court leave open the issue of attorneys fees and sanctions. However, the Court finds that attorneys fees and sanctions are not appropriate in this case. The Court finds that the testing ordered by the Court could have been accomplished by the parties by agreement had there been better cooperat ion before this suit was ever filed. Further, at Defendants behest, the Court established a procedure to allow the parties to resolve this dispute without unnecessary, additional litigation. Yet, Defendant chose to file a Motion for Summary Judgment before the limited discovery could be completed. The Court is not inclined to compensate Defendant for these actions. Therefore, the Court concludes that neither party is entitled to attorney's fees. Plaintiff's action is hereby DISMISSED, with prejudice, with costs assessed against Plaintiff. Signed by Judge Richard W. Story on 10/27/08. (sk)

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Plaintiff: Welding Services, Inc.
Represented By:	Jonathan Keith Waldrop
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Defendant: Welding Technologies, Inc.
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