Too Marker Products, Inc. et al v. Shinhan Art Materials, Inc. et al

Filing 67

OPINION & ORDER: Upon review, I agree with Judge Papak's recommendation, and I ADOPT the Findings & Recommendation 64 asmy own opinion. I GRANT defendants' motion to dismiss 35 plaintiffs' declaratory judgment claims (Counts IV, V, and VI) with leave for plaintiffs to amend. I DISMISS plaintiffs' patent misuse claim (Count VII) with prejudice. I also GRANT defendants' motion to dismiss the trademark and unfair competition claims (Counts I, 11, and III) against defendant Han with leave for plaintiffs to amend. Signed on 3/2/10 by Judge Michael W. Mosman. (mr)

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