Celonis SE v. SAP SE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CELONIS SE, et al., Case No. 25-cv-02519-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

SAP SE, et al., Re: Dkt. No. 46 Defendants.

The motion to dismiss is granted in part and denied in part. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. Comity and forum non conveniens. Neither doctrine serves to bar this case. Some of the conduct at issue in this case may be addressed in the German litigation. But this case concerns the legality of SAP’s conduct under U.S. antitrust law and the effects of that conduct on U.S. consumers and competitors, including Celonis’s U.S. subsidiary. Neither of those issues appears to be part of the German litigation. Therefore, the United States has a strong interest in this case, and Germany provides an inadequate forum for resolving it. See In re Korean Ramen Antitrust Litigation, 281 F. Supp. 3d 892, 907–09 (N.D. Cal. 2017). Tying. The tying claims are dismissed because the complaint does not adequately explain how Signavio is being tied to…