ALPHA PRO TECH, INC. v. VWR INTERNATIONAL LLC

Filing 34

ORDERED THAT THE COURT IS GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS (DOCKET NO. 29) AS SET FORTH IN THE ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/25/13. 11/26/13 ENTERED AND COPIES E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALPHA PRO TECH, INC.,
Plaintiff,
v.
VWR INTERNATIONAL LLC,
Defendant.

:
:
:
:
:
:
:

CIVIL ACTION

No. 12-1615

ORDER
AND NOW, this 25th day of November, 2013, upon consideration of VWR International
LLC’s (“VWR”) Motion to Dismiss (Docket No. 29), Alpha Pro Tech, Inc.’s Response thereto
(Docket No. 30), and VWR’s Reply (Docket No. 31), it is HEREBY ORDERED that the
Motion to Dismiss is GRANTED IN PART and DENIED IN PART such that:
1. Count II (breach of contract) and Count IV (tortious interference with an existing
contractual relationship) are DISMISSED WITH PREJUDICE; and
2. Count I (misappropriation of trade secrets), Count III (unjust enrichment), and
Count V (Lanham Act false advertising and false designation of origin) SURVIVE.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

1