Wiseframe International Ltd. & IFM International, Inc. v. FKA Distributing Co. (d/b/a Homedics-U.S.A., Inc.), Case Nos. 1:08-cv-0641 & 1:08-cv-2468 (N.D. Ga. Nov. 6, 2008) (Duffey, Jr., J.)
Plaintiffs filed two actions against Defendant, the first to correct the inventorship of U.S. Patent No. 7,128,721 ("the '721 patent") and the second to seek a declaratory judgment of non-infringement of the ‘721 patent. Using the discretion provided under Federal Rule of Civil Procedure 42(a), Judge Duffey ordered that the cases be consolidated because they involve identical parties and common questions of law and fact.
Specifically, the Court noted that the first action, which seeks to establish Plaintiffs as co-owners of the ‘721 patent, has a direct bearing on adjudication of, and would involve similar discovery as, the second action. Accordingly, the Court consolidated the cases and ordered that all future proceedings be filed in the first-filed action (Case No. 1:08-cv-0641).
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