AQUATECH INTERNATIONAL CORPORATION et al v. N.A. WATER SYSTEMS, LLC et al
| DEBASISH MUKHOPADHYAY and AQUATECH INTERNATIONAL CORPORATION |
| N.A. WATER SYSTEMS, LLC and VEOLIA WATER SOLUTIONS & TECHNOLOGIES SUPPORT |
| 2:2012cv00435 |
| April 4, 2012 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Washington |
| Joy Flowers Conti |
| Patent |
| 35 U.S.C. ยง 145 |
| None |
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Filing
40
MEMORANDUM AND OPINION re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO RULE 12(b)(1) AND 12(b)(6) filed by VEOLIA WATER SOLUTIONS & TECHNOLOGIES SUPPORT, N.A. WATER SYSTEMS, LLC. As set forth in the accompanying memor andum opinion and order, it is HEREBY ORDERED that defendants' motion with respect to counts one, two and three will be GRANTED, and plaintiffs' second amended complaint will be dismissed without prejudice to the extent that plaintiffs may file a new complaint if defendants, in the future, threaten to assert or assert claims of infringement in derogation of the four covenants not to sue. It is FURTHER ORDERED that the court finds that plaintiffs' claim for tortious interference re lates back to the date of the initial filing of plaintiffs' complaint in this court and will GRANT the motion to dismiss with respect to count four without prejudice to it being asserted in an appropriate Pennsylvania court. Signed by Judge Joy Flowers Conti on 7/31/2013. (dmm)
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