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HERMAN v. WILLIAM BROOKS SHOE CO.

No. 94 Civ. 8232 (PKL).

886 F.Supp. 385 (1995)

Jack HERMAN, Plaintiff, v. WILLIAM BROOKS SHOE COMPANY; Cabela's Inc.; E.I. DuPont de Nemours; Gander Mountain, Inc.; Gates-Mills, Inc.; W.L. Gore & Associates, Inc.; L.L. Bean, Inc.; Recreational Equipment, Inc.; Raven Industries, Inc.; Red Wing Shoe Company, Inc.; Rocky Shoes and Boots, Inc.; Norm Thompson Outfitters Inc.; and U.S. Cavalry, Inc., Defendants.

United States District Court, S.D. New York.

May 17, 1995.

Attorney(s) appearing for the Case

John W. Olivo, Jr., Ward & Olivo, New York City, for plaintiff.

David M. Lenney, Schmeiser, Olsen & Watts, Albany, N.Y.

David H. Pfeffer, John C. Vassil, New York City.

MEMORANDUM ORDER

LEISURE, District Judge:

This is an action by Jack Herman ("Herman") for patent infringement. Several defendants ("moving defendants")1 have moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), alleging that Herman, who currently has no proprietary interest in the patent, lacks standing; and pursuant to Fed.R.Civ.P. 12(b)(7), alleging that Jack Herman Dri-Sox, Inc. ("Dri-Sox"), a corporation to which Herman...

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