CASE NO. 1:10 CV 1370. November 12, 2010 Memorandum of Opinion and Order PATRICIA GAUGHAN, District Judge INTRODUCTION This matter is before the Court upon defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted (Doc. 32). This is a patent dispute. For the following reasons, defendants' motion is DENIED. FACTS The following facts are taken from the complaint and are presumed to be true, as the Court must in a motion to dismiss under Fed.R.Civ.P. 12(b)(6). Plaintiff