Valencell, Inc. v. Fitbit, Inc.

Filing 31

ORDER denying 21 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 5/27/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-2-D ·

VALENCELL, INC.,
Plaintiff,
v.
FITBIT, INC.,
Defendants.

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ORDER

On March 28, 2016, V alencell, Inc. moved to dismiss Fitbit, Inc.'s counterclaims. See [D.E.
21]. On April21, 2016, Fitbit, Inc. responded in opposition. See [D.E. 26]. On May 5, 2016,
Valencell, Inc. replied. See [D.E. 27].
The court has considered the motion to dismiss under the governing standard. See Fed. R.
Civ. P. 12(b)(6). The motion to dismiss [D.E. 21] is DENIED.
SO ORDERED. This .ll_ day ofMay 2016.