Koperwhats

KEMA, INC. v. Koperwhats

Good Law

658 F. Supp. 2d 1022·2009 WL 2957851·2009 U.S. Dist. LEXIS 82329

United States District Court, Northern District of CaliforniaSeptember 10, 2009C-09-1587 MMCCalifornia6,789 words

Opinion

Chesney, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS; GRANTING IN PART AND DENYING IN PART KEMA AND RLW’S MOTION TO DISMISS AND TO STRIKE; GRANTING PUCKET’S MOTION TO DISMISS AND TO STRIKE; GRANTING AXMOR’S MOTION TO DISMISS

Before the Court are (1) plaintiffs KEMA, Inc. (“KEMA”) and RLW Analytics, Inc.’s (“RLW”) motion to dismiss and to strike defendants William Koperwhats (“Koperwhats”) and MiloSlick Scientific’s (“MiloSlick”) counterclaims, filed May 26, 2009; (2) counterclaim defendant Curt D. Pucket’s (“Pucket”) motion to dismiss and to strike Koperwhats and MiloSlick’s counterclaims, filed June 2, 2009; (3) counterclaim defendant Axmor Software-America, Inc.’s (“Axmor”) motion to dismiss Koperwhats and MiloSlick’s counterclaims, filed June 12, 2009; and (4) Koperwhats and MiloSlick’s motion to dismiss KEMA and RLW’s complaint, filed June 15, 2009. Having read and considered the papers filed in support of and in opposition to the motions, the Court rules as follows.

BACKGROUND

The following facts are taken from KEMA and RLW’s complaint and Koperwhats’ and MiloSlick’s Answer and Counterclaims (“Counterclaims”).

The instant action arises out of a dispute concerning rights to…

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