Brain Life, LLC v. Elekta Inc. et al

Filing 118

ORDER granting Motions to Dismiss the Second Amended Complaint without Prejudice to Plaintiff amending the complaint. The Court grants Plaintiff leave to amend its complaint on or before February 11, 2013. Signed by Judge Cathy Ann Bencivengo on 1/24/2013. (All non-registered users served via U.S. Mail Service)(sjt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Brain Life, LLC,

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CASE NO. 10cv01539-CAB (BGS)
Plaintiff,

vs.
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Medtronic, Inc., Varian Medical Systems,
Inc., Brainlab, Inc.,

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ORDER GRANTING MOTIONS TO
DISMISS THE SECOND AMENDED
COMPLAINT WITHOUT
PREJUDICE
[Doc. Nos. 98, 100]

Defendants.

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Having considered the papers filed in conjunction with the pending motions to dismiss [Doc.

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Nos. 98, 100], the Court finds that Plaintiff’s allegations of contributory infringement do not meet the

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pleading requirements imposed by the Supreme Court in Bell Atl. Corp v. Twombly, 550 U.S. 544

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(2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Accordingly, the motions to dismiss [Doc. Nos.

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98, 100] are granted without prejudice to Plaintiff amending the complaint. Plaintiff’s papers

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demonstrate its ability to cure the pleading deficiencies at issue. As a result, the Court grants Plaintiff

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leave to amend its complaint on or before February 11, 2013 to sufficiently plead contributory

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infringement and remove allegations against dismissed parties.

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IT IS SO ORDERED.
DATED: January 24, 2013

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CATHY ANN BENCIVENGO
United States District Judge
10cv01539