Synopsys, Inc. v. Atoptech, Inc

Filing 294

ORDER GRANTING MOTION TO DISMISS COUNTERCLAIMS AND TO STRIKE ALLEGATIONS AND DEFENSES For the reasons stated on the record, Counts I through VII are dismissed, the Ninth and Eleventh Affirmative Defenses are stricken, and the challenged portio ns of paragraphs 2, 6, 9, 12, 15, and 28 of the answer are stricken. ATopTech is afforded leave to amend to cure the deficiencies noted, any such amended pleading to be filed no later than June 1, 2015. Signed by Judge Maxine M. Chesney on May 8, 2015. (mmclc2, COURT STAFF) (Filed on 5/8/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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SYNOPSYS, INC.,
Plaintiff,

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No. C 13-2965 MMC
ORDER GRANTING MOTION TO
DISMISS COUNTERCLAIMS AND TO
STRIKE ALLEGATIONS AND
DEFENSES

v.
ATOPTECH, INC.,
Defendant.
/

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Before the Court is plaintiff Synopsys, Inc.’s (“Synopsys”) Motion to Dismiss

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Defendant AtopTech’s Amended Counterclaims and to Strike Allegations and Affirmative

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Defenses, filed March 30, 2015, pursuant to Rules 12(b)(6) and 12(f) of the Federal Rules

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of Civil Procedure. Defendant ATopTech, Inc. (“ATopTech”) has filed opposition, to which

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Synopsys has replied. The matter came on regularly for hearing on May 8, 2015. David C.

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Kiernan, Patrick T. Michael, and Amir Q. Amiri of Jones Day appeared on behalf of

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Synopsys. Daniel B. Asimow, Paul Alexander, and Daniel Pastor of Arnold & Porter LLP

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appeared on behalf of ATopTech. Having considered the parties’ respective written

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submissions and the arguments of counsel, the Court, for the reasons stated on the record,

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hereby GRANTS the motion.

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Accordingly, Counts I through VII are hereby DISMISSED, the Ninth and Eleventh
Affirmative Defenses are hereby STRICKEN, and the challenged portions of paragraphs 2,

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6, 9, 12, 15, and 28 of the Answer are hereby STRICKEN. ATopTech is hereby afforded

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leave to amend to cure the deficiencies noted, any such amended pleading to be filed no

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later than June 1, 2015.

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IT IS SO ORDERED.

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Dated: May 8, 2015
MAXINE M. CHESNEY
United States District Judge

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