Motion to Dismiss and Motion for Summary Judgment Denied

Sike Cookers & Grill, Inc. v. Vidalia Outdoor Products, Inc., et al., 1:08-cv-00750 (N.D. Ga. Feb. 19, 2009) (Forrester, J.)

Judge Forrester held that Plaintiff complaint satisfied the pleading standards of FRCP 8(a) and denied the Defendants’ Motion to Dismiss. The Court relied on a previous decision from this district holding that there is no heightened pleading standard for patent cases.

The Court also denied the Defendant’s Motion for Summary Judgment of non-infringement because ruling on such a motion would require the Court to construe the claims prior to the parties’ claim construction disclosures under the Local Patent Rules.