Mellanox Technologies, Ltd. v. Methode Electronics, Inc.

Northern District of California, cand-4:2015-cv-03730

ORDER by Judge Hamilton granting in part and denying in part {{29}} Motion to Dismiss.(pjhlc2, COURT STAFF)

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1 2 UNITED STATES D DISTRICT C COURT 3 NORTHER N RN DISTRIC CT OF CAL LIFORNIA 4 5 MELLANOX M TECHNOL LOGIES, LT TD., Case No. 15-cv-3730 0-PJH 6 Plaintiff, 7 v. ORDER GGRANTINGG IN PART A AND DENYINGG IN PART MOTION T TO 8 METHODE M ELECTRON E NICS, INC., DISMISS 9 Defendant. 10 11 Defend dant's motio on to dismis ss came on n for hearing before this court on March 2, 12 2016. Plaintifff Mellanox Technolog gies, Ltd. ("p plaintiff") ap ppeared thrrough its co ounsel, Northern District of California United States District Court 13 Xa avier Brandw wajn. Defe endant Meth hode Electrronics, Inc. ("defendan nt") appeare ed through 14 its counsel, David D Newm man. Having read the papers filed d in conjunction with the motion 15 and carefully considered d the argum ments and th he relevantt legal autho ority, and g good cause 16 appearing, the e court here eby GRANT TS in part a and DENIE ES in part de efendant's motion, 17 witth leave to amend, a as stated at th he hearing. 18 The mo otion is DENIED to the e extent tha at it seeks d dismissal off plaintiff's d direct 19 infrringement allegations, a, but GRAN NTED with leave to am mend to the extent thatt it seeks 20 dis smissal of plaintiff's p ind direct infring gement alle egations. A Any amende ed complaint must 21 spe ecifically allege facts regarding r each e elemen nt of induce ed infringem ment and co ontributory 22 infrringement. Plaintiff sh hall have un ntil March 2 23, 2016 to o file a seco ond amende ed 23 complaint in accordance a e with this order. o Defe endant shalll have 21 days thereaffter to 24 answer or oth herwise respond to the e complaint. 25 IT IS SO S ORDER RED. 26 Da ated: March h 4, 2016 27 __ __________ __________ __________ _______ PH HYLLIS J. HHAMILTON 28 Un nited Statess District Ju udge