Dentsply Sirona Inc. v. Net32, Inc.

Filing 97

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED AS FOLLOWS: The Defendants motion to dismiss and/or strike the amended complaint (Doc. 81) is GRANTED IN PART AND DENIED IN PART. See order for complete details. Signed by Honorable Jennifer P. Wilson on 3/4/2020. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DENTSPLY SIRONA INC.
Plaintiff,
v.
NET32, INC.,
Defendant.

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Civil No. 1:17:CV-01530

Judge Jennifer P. Wilson

ORDER
AND NOW, on this 4th day of March, 2020, for the reasons set forth in the
accompanying memorandum, IT IS ORDERED AS FOLLOWS:
1. The Defendant’s motion to dismiss and/or strike the amended complaint
(Doc. 81) is GRANTED IN PART AND DENIED IN PART.
2. The motion to dismiss is DENIED with respect to Counts I and II of the
amended complaint.
3. The motion to dismiss is GRANTED with respect to Count III of the
amended complaint.
4. The motion to strike portions of the amended complaint’s prayer for relief is
GRANTED. The portions of the prayer for relief that relate to genuine
Dentsply products are STRICKEN from the amended complaint. The
amended complaint’s prayer for relief, see Doc. 80 at 45–50, shall pertain

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solely to non-genuine Dentsply products, i.e., materially different gray
market goods or goods intended for sale only outside the United States.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania

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