DIRECTV

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Presently before the court is Defendant Factory Mutual Insurance Company (“Factory Mutual”)’s Motion to Dismiss. Having considered the submissions of the parties and heard oral argument, the court *1195 grants the motion and adopts the following Order.

I. Background

Plaintiff DIRECTV distributes digital entertainment programming, primarily via satellite, to residential and commercial subscribers. DIRECTV satellite dishes pick up signals from satellites and transmit those signals to a DIRECTV Receiver (also known as a “set-top box” or “STB”), which in turn transmits the signals to the subscriber’s television.

As of October 2011, DIRECTV contracted with four companies to manufacture and supply its STBs: (1) Technicolor Connected Home USA, LLC; (2) Pace Americas Inc.; (3) Samsung Electronics America, Inc.; and (4) Humax USA, Inc. These four STB manufacturers purchased the component parts and incorporated them into the finished STBs, placing the “DIRECTV” logo and trademark on the STBs they manufactured. The four STB manufacturers then sold the finished STBs to DIRECTV.

Some STBs include, as a component part, hard disk drives…