Ideal Innovations, Inc. v. United States

Opinion

 [*386]  Opinion and Order

DAMICH, Senior Judge

Ideal Innovations, Inc. (I3), The Right Problem, Inc., and Robert Kocher (hereinafter "Plaintiffs") sued the United States ("the Government) on June 29, 2017 for infringement of United States Patent Nos. 8,651,008 ("the '008 patent"),  [*387]  7,401,540,² and 8,365,648 ("the '648 patent"), which relate to a configuration of armor on a vehicle. Mr. Kocher is the inventor. Oshkosh Corporation ("Oshkosh"), [**2]  and General Dynamics Land Systems, Inc., Force Protection, Inc., and General Dynamics Land Systems — Force Protection, Inc. (collectively, "General Dynamics") were added as Third-Party Defendants on April 3, 2019. The United States and the Third-Party Defendants are collectively referred to as "Defendants" in this Opinion and Order.

On June 29, 2017, Plaintiffs' filed a Complaint alleging three patent infringement claims and three trade secret claims. In lieu of an answer, the Government filed a Motion to Dismiss the patent infringement and trade secret claims as time-barred. Separately, and in the alternative, the Government sought dismissal for failure to state a claim that Plaintiffs' failed to protect the secrecy of their trade secrets. On May 31, 2018, the Court issued an Opinion denying-in-part and granting-in-part the Government's Motion to Dismiss with regard to the patent claims. Specifically, the Court dismissed as time-barred Count I of Plaintiffs' Complaint, the patent infringement of the '540 patent, and denied the Government's Motion to Dismiss as to Count II and III, the patent infringement of the '648 and '008 patents. The Court held in abeyance its [**3]  ruling on the Government's Motion to Dismiss with regard to the trade secret claims. On September 24, 2018, the Court granted the Government's Motion to Dismiss the trade secret claims as time-barred.

On October 5, 2018, Defendants filed a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Rules of the Court of Federal Claims ("RCFC"). On March 4, 2019, the Court issued an Opinion denying Defendants' 12(b)(6) motion. On April 3, 2019, pursuant to RCFC 14(c) and the Court's Notice pursuant to Rule 14(b), ECF No. 20, Oshkosh and General Dynamics each filed an answer to the Plaintiffs' Complaint. On the same day, the Government also filed an answer.

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