UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
January 24, 2013
BRAIN LIFE, LLC,
MEDTRONIC, INC., VARIAN MEDICAL SYSTEMS, INC., BRAINLAB, INC.,
The opinion of the court was delivered by: Cathy Ann Bencivengo United States District Judge
ORDER GRANTING MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT WITHOUT PREJUDICE [Doc. Nos. 98, 100]
Having considered the papers filed in conjunction with the pending motions to dismiss [Doc. Nos. 98, 100], the Court finds that Plaintiff's allegations of contributory infringement do not meet the pleading requirements imposed by the Supreme Court in Bell Atl. Corp v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Accordingly, the motions to dismiss [Doc. Nos. 98, 100] are granted without prejudice to Plaintiff amending the complaint. Plaintiff's papers demonstrate its ability to cure the pleading deficiencies at issue. As a result, the Court grants Plaintiff leave to amend its complaint on or before February 11, 2013 to sufficiently plead contributory infringement and remove allegations against dismissed parties.
IT IS SO ORDERED.
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