Dream Big Media Inc. v. Alphabet Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 DREAM BIG MEDIA INC., et al., Case No. 22-cv-02314-RS Plaintiffs, 11 v. ORDER GRANTING MOTION TO DISMISS SECOND AMENDED ALPHABET INC., et al., COMPLAINT 13 Defendants.

15 I. INTRODUCTION Plaintiffs Dream Big Media, Getify Solutions, Inc., and Sprinter Supplier, LLC, allege they use mapping products provided by defendants Google, LLC and Alphabet, Inc. (collectively, “Google”), including application programming interfaces (“APIs”), to display or use maps or maps-related information on their websites or mobile applications. Plaintiffs contend the Terms of Service (“TOS”) Google imposes on customers seeking to use those APIs give rise to claims for unlawful tying, bundling, exclusive dealing, and monopoly leveraging in violation of the Sherman Act, the Clayton Act, and California’s Unfair Competition Law. Plaintiffs’ original and First Amended complaints presented a novel…