Elawyers Elawyers
Ohio| Change

GateGuard, Inc. v. MVI Systems LLC, 19-CV-2472 (RA). (2020)

Court: District Court, S.D. New York Number: infdco20200117g75 Visitors: 9
Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: ORDER RONNIE ABRAMS , District Judge . As discussed at yesterday's conference, Defendants' motion to dismiss is granted in part and denied in part. Specifically, Defendants' motion is granted as to the following six claims: declaratory judgment (Count 4), conversion (Count 6), tortious interference with business relationships (Count 7), fraud (Count 8), and unjust enrichment (Count 9), and breach of the implied duty of good faith and fair dealing (Count 11). Defendants' motion is denied as
More

ORDER

As discussed at yesterday's conference, Defendants' motion to dismiss is granted in part and denied in part. Specifically, Defendants' motion is granted as to the following six claims: declaratory judgment (Count 4), conversion (Count 6), tortious interference with business relationships (Count 7), fraud (Count 8), and unjust enrichment (Count 9), and breach of the implied duty of good faith and fair dealing (Count 11). Defendants' motion is denied as to the following four claims: misappropriation of Plaintiffs alleged technical trade secrets under federal and state law (Counts 1 and 2), correction of inventorship under 35 U.S.C. § 256 (Count 3), breach of contract (Count 5), and unfair competition (Count 10).

Plaintiff is granted leave to amend the complaint as to the following claims: Counts 1 and 2 for misappropriation of Plaintiffs alleged business trade secrets under federal and state law, Count 3 for correction of inventorship under § 256 in the event that the status of Defendants' pending '546 Patent has changed since the filing of the first amended complaint, and Count 7 for tortious interference with business relationships. Also, as discussed and agreed upon at the conference, Plaintiff should clarify its breach of contract theory under Count 5. Should Plaintiff choose to amend its compliant, it must do so by February 14, 2020.

No later than January 23, 2020, the parties shall file a proposed case management plan. The parties should also notify the Court whether a referral for settlement discussions with Judge Freeman or the District's mediation program would be beneficial at this time.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer