Luxpro Corporation v. Apple, Inc.

Filing 49

ORDER granting in part and denying in part 23 Motion to Dismiss; Luxpro directed to file any amendments to the complaint within 14 days. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn)

Luxpro Corporation v. Apple, Inc. Doc. 49 Case 4:08-cv-04092-HFB Document 49 Filed 09/28/09 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LUXPRO CORPORATION, a Taiwanese corporation PLAINTIFF v. CASE NO. 08-CV-4092 APPLE, INC., f/k/a Apple Computer, Inc. ORDER DEFENDANT Before the Court is a Motion to Dismiss for Failure to State a Claim filed by Defendant Apple, Inc. (Doc. 23). Plaintiff Luxpro Corporation responded. (Doc. 34). Apple replied. (Doc. 37). The Court heard arguments from both parties at a hearing on September 1, 2009. For the reasons explained in the Memorandum Opinion of even date, the Court finds that Apple's Motion to Dismiss should be and hereby is GRANTED in part and DENIED in part. Luxpro's claim of attempted common law monopolization is DISMISSED. Furthermore, Luxpro's interference claims regarding Orchard Company, Web Worker, Carrefour, EUPA, 3C, ET Mall, Kaga Electronics, and Compu Import are DISMISSED without prejudice. Luxpro is directed to file any amendments to its First Amended Complaint regarding its commercial disparagement claim within 14 days of the date of this order. IT IS SO ORDERED, this 28th day of September, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge Dockets.Justia.com