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Axinn Obtains Dismissal of Declaratory Judgment For Canadian Inventor
August 3, 2016

Axinn successfully obtained the dismissal of a declaratory judgment proceeding brought in the District of Massachusetts by a subsidiary of public water infrastructure company Mueller Water Products, Inc., against Canadian inventor Robert Teti. The complaint sought a declaration that Mueller had not misappropriated Teti’s confidential information. Axinn moved to dismiss on the grounds that Mueller’s claims were improperly duplicative of a pending Canadian litigation brought by Teti against Mueller in the Superior Court of Ontario. Finding that Mueller’s conduct “strongly suggests procedural fencing,” and amounted to an improper attempt to control the forum, the court dismissed Mueller’s complaint. Axinn had previously obtained the voluntary dismissal of a related declaratory judgment proceeding brought by Mueller against Teti in the Eastern District of Virginia. The Axinn team consisted of Don Hawthorne and Felix Gilman.