UNISTRIP TECHNOLOGIES, LLC v. LIFESCAN, INC. et al

Filing 61

OPINION ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 54 ), IS GRANTED IN PART AND DENIED IN PART. COUNT V OF PLAINTIFF'S SECOND AMENDED COMPLAINT (RE: DOC. NO. 47 ), IS DISMISSED. COUNTS I, II, III, IV, AND VI OF PLAINTIFF'S SECOND AMENDED COMPLAINT (RE: DOC. NO. 47 ), WILL NOT BE DISMISSED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/28/2015. 12/29/2015 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNISTRIP TECHNOLOGIES, LLC,
Plaintiff,

CIVIL ACTION
NO. 14-4518

v.
LIFESCAN, INC and LIFESCAN
SCOTLAND, LTD.,
Defendants.
ORDER

AND NOW, this 28th day of December, 2015, upon consideration of Plaintiff’s Second
Amended Complaint (Doc. No. 47), Defendants’ Motion to Dismiss (Doc. No. 54), Plaintiff’s
Response in Opposition to Defendant’s Motion to Dismiss (Doc. No. 56), Defendants’ Reply to
Plaintiff’s Response (Doc. No. 58), and Plaintiff’s Notice of Supplemental Authority in
Opposition to Defendants’ Motion to Dismiss (Doc. No. 59), it is ORDERED in accordance
with the Opinion issued by the Court on this day that Defendants’ Motion to Dismiss is
GRANTED IN PART and DENIED IN PART:
1. Count V of Plaintiff’s Second Amended Complaint (Doc. No. 47) is DISMISSED.
2. Counts I, II, III, IV, and VI of Plaintiff’s Second Amended Complaint (Doc. No. 47)
will not be dismissed.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.