Ultimate Home Protector Pans, Inc. v. Camco Mfg., Inc.
United States District Court for the Middle District of North Carolina
March 11, 2020, Decided; March 11, 2020, Filed
MEMORANDUM OPINION AND ORDER
OSTEEN, JR., District Judge
This matter is before the court on the motion to dismiss or transfer filed by Defendants Haier US Appliance Operation, LLC, and Haier US Appliance Solutions, Inc. (together, "GE Appliances"). (1:19CV675 (Doc. 7).) Also pending before the court is a motion to dismiss filed by Camco Manufacturing, Inc. ("Camco"). (1:19CV280 (Doc. 8).) For the reasons set forth herein, the court will deny Defendants' motions.
I. FACTUAL AND PROCEDURAL [*2] BACKGROUND
The facts, taken in the light most favorable to Plaintiff, are as follows.
A. Factual Background
Plaintiff is a corporation organized under the laws of the State of Nevada with its principal place of business in Ohio. (1:19CV280, Complaint ("Compl.") (Doc. 1) ¶ 2.) It develops and sells "various washer overflow pans, drip pans, leak pans or other similar products designed to protect residential dwelling from water damage and mold damage caused by dripping or leaking plumbing." (Id.) It owns U.S. Patent No. 8,393,351 (the "'351 Patent"), titled "Dual Automatic Dryer and Washing Machine Protective Basin." (Id. ¶ 1-2; Ex. A, Patent No. US 8,393,351 (Doc. 1-1) at 2.)
Defendant Camco is a corporation organized under the laws of North Carolina with its principal place of business there as well. (Id. ¶ 3.)
Defendant Haier US Appliance Operation, LLC, is a limited liability company organized under the laws of Delaware with its principal office located in Kentucky. (1:19CV675, Verified Complaint ("Verified Compl.") (Doc. 1) ¶ 3.) Defendant Haier US Appliance Solutions, Inc., is a corporation organized under the laws of Delaware with its principal place of business in Kentucky. (Id. ¶ 4.) Haier US Appliance Solutions, [*3] Inc., is the "sole member and parent company" of Haier US Appliance Operation, LLC. (Id.)
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2020 U.S. Dist. LEXIS 42587 *; 2020 U.S.P.Q.2D (BNA) 10167; 2020 WL 1169358
ULTIMATE HOME PROTECTOR PANS, INC., d/b/a DRIPTITE, Plaintiff, v. CAMCO MANUFACTURING, INC., HAIER US APPLIANCE OPERATION, LLC, and HAIER US APPLIANCE SOLUTIONS, INC., Defendants.ULTIMATE HOME PROTECTOR PANS, INC., d/b/a DRIPTITE, Plaintiff, v. HAIER US APPLIANCE OPERATION, LLC, and HAIER US APPLIANCE SOLUTIONS, INC., Defendants.
infringement, Appliance, patent, motion to dismiss, washing machine, literal, dryer, doctrine of equivalents, products, invention, Defendants', Basin, alleges, pans, holder, front, sized, file wrapper, estoppel, motions, Reply