CRAIN v. DeBARTOLO

No. 7:14-CV-29-D.

ZACHERY MICHAEL CRAIN, Plaintiff, v. ZACHARY MICHAEL DEBARTOLO, Defendant.

United States District Court, E.D. North Carolina, Southern Division.

January 6, 2015.


Attorney(s) appearing for the Case

Zachery Michael Crain, Plaintiff, represented by Glenna L. Gilbert , Larkin Hoffman Daly & Lindgren Ltd., Jerry S. Podkopacz , Larkin Hoffman Daly & Lindgren Ltd., John F. Morrow, Jr. , Womble Carlyle Sandridge & Rice, PLLC, David R. Boaz , Womble Carlyle Sandridge & Rice, PLLC & Daniel Patrick McNally , Gay, Jackson & McNally, L.L.P..

Zachary Michael DeBartolo, Defendant, represented by Anthony J. Biller , Coats & Bennett, PLLC & James R. Lawrence, III , Coats & Bennett, PLLC.

Zachary Michael DeBartolo, Counter Claimant, represented by Anthony J. Biller , Coats & Bennett, PLLC & James R. Lawrence, III , Coats & Bennett, PLLC.

Zachery Michael Crain, Counter Defendant, represented by David R. Boaz , Womble Carlyle Sandridge & Rice, PLLC & Daniel Patrick McNally , Gay, Jackson & McNally, L.L.P..


ORDER

JAMS C. DEVER, III, Chief District Judge.

On January 30, 2014, Zachery Crain ("Crain" or "plaintiff") sued Zachary DeBartolo ("DeBartolo" or "defendant"), seeking to remove DeBartolo as a joint inventor of United States Patent No. 8,104,636 ("the '636 patent"), pursuant to 35 U.S.C. § 256 [D.E. 1]. On March 10, 2014, DeBartolo answered and filed a counterclaim against Crain for breach of contract [D.E. 9]. The contract at issue is a settlement...

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