Pride Manufacturing Company, LLC v. Evolve Golf, Inc., C.A. No. 15-1034-SLR, October 31, 2016.
Robinson, J. Defendant’s motion to dismiss patent claims for lack of subject matter jurisdiction is granted. Plaintiff’s motion for declaratory judgment of non-infringement is denied as moot.
The disputed claims relate to a design patent for an ornamental four-post design of a golf tee. Plaintiff brought this declaratory judgment action and defendant responded with a covenant not to sue. The court finds that covenant deprives the court of jurisdiction for the patent claims. A controversy still exists with respect to trademark infringement claims and counterclaims.
