Encore Wire Corporation v. Southwire Company

Justia Dockets & Filings Eleventh Circuit Georgia Northern District Encore Wire Corporation v. Southwire Company

Encore Wire Corporation v. Southwire Company

Plaintiff:	Encore Wire Corporation
Defendant:	Southwire Company
Case Number:	3:2010cv00086
Filed:	July 1, 2010
Court:	US District Court for the Northern District of Georgia
Office:	Newnan Office
County:	Carroll
Presiding Judge:	Jack T. Camp
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1125
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
March 4, 2011	Filing 36 MEMORANDUM OPINION AND ORDER denying in part 16 Motion to Dismiss; granting in part 15 Motion to Prohibit Defendant from Pursuing Similar Claims in a Separate, Later-Filed Lawsuit. The Court concludes that Encore's declaratory judgment clai ms present a justiciable case or controversy because Encore filed its Amended Complaint after the 024 Patent issued. Further, the Court finds that this suit is the first-filed action concerning the 024 Patent. However, the Court lacks sufficient evidence and argument to determine whether it should in its discretion dismiss Encores claims, and thus, will decide those matters when further briefing is submitted in accordance with this Opinion. Within fourteen days after the date of this Opinion , Southwire will file a brief, with accompanying affidavits or evidence, presenting its position on which forum is more convenient. Within fourteen days after Southwire files its brief, Encore may file a response presenting its position, with affidavits or evidence attached. Within seven days after Encore files its response, Southwire may file a reply brief. Signed by Barbara M.G. Lynn on 3/4/11. (ekb)

Date Filed

Document Text

March 4, 2011

Filing 36 MEMORANDUM OPINION AND ORDER denying in part 16 Motion to Dismiss; granting in part 15 Motion to Prohibit Defendant from Pursuing Similar Claims in a Separate, Later-Filed Lawsuit. The Court concludes that Encore's declaratory judgment clai ms present a justiciable case or controversy because Encore filed its Amended Complaint after the 024 Patent issued. Further, the Court finds that this suit is the first-filed action concerning the 024 Patent. However, the Court lacks sufficient evidence and argument to determine whether it should in its discretion dismiss Encores claims, and thus, will decide those matters when further briefing is submitted in accordance with this Opinion. Within fourteen days after the date of this Opinion , Southwire will file a brief, with accompanying affidavits or evidence, presenting its position on which forum is more convenient. Within fourteen days after Southwire files its brief, Encore may file a response presenting its position, with affidavits or evidence attached. Within seven days after Encore files its response, Southwire may file a reply brief. Signed by Barbara M.G. Lynn on 3/4/11. (ekb)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Encore Wire Corporation v. Southwire Company
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Encore Wire Corporation
Represented By:	Arthur Daniel Brannan
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Southwire Company
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?