Gen Digital, Inc. v. Sycomp, a Technology Company, Inc.

I. BACKGROUND

24 At the pleading stage, the Court accepts as true all factual allegations in the 25 Complaint. Cruz v. Beto, 405 U.S. 319, 322 (1972). The Court finds that two additional 26 documents—Sycomp’s Product Purchase Agreement, or PPA, (dkt. 26, Ex. A) and North 27 American’s Service Delivery Agreement, or SDA (dkt. 22-1)—are incorporated by reference. See Khoja v. Orexigen Therapeutics, Inc., 899 F.3d 988, 1002 (9th Cir. 2018). A. The Relevant Players Plaintiff is a software company now known as Gen Digital, though it was called “Symantec” during most of the events giving rise to this litigation. Compl. (dkt. 1) ¶¶ 3–4, 10. Defendants Sycomp and North American are companies that provided IT-related services to Plaintiff starting in 2010 and 2012, respectively. Id. ¶¶ 6–7, 12, 18. Plaintiff contracted with Sycomp to provide various software and hardware support and consulting services, PPA § 4.1, Ex. D, and with North American to provide on-site hardware maintenance and remote (by phone) software technical support, SDA §§ 2.9– 2.10, 2.13, 3.0–3.4. Plaintiff’s contracts with both Defendants contained…